STATE OF RAJASTHAN Vs. MANGI LAL

JUDGEMENT

(1.) THIS special appeal under section 18 of the Rajasthan High Court Ordinance has been filed against the order of the learned Single Judge dt. 29. 7. 1993 whereby while allowing the writ petition he has ordered that the petitioner will be entitled to the grade of Rs. 355-570, the revised grade of which is Rs. 490-840, as revised from time to time.

(2.) LEARNED counsel for the appellant-non-petitioners has contended that the learned Single Judge has erred in granting pay scale of Rs. 355-570 to the petitioner-respondent since the respondent is not I. T. I, qualified and the appellants have rightly fixed him in the pay scale of Rs. 420-740, which was equivalent to the old pay scale of Rs. 295-500, provided for non-I. T. I. He has relied on V. Markendriya Vs. State of Andhra Pradesh (1 ).

(3.) APPLYING the same principles in the present case, we have not hesitation in stating that the learned Single Judge has erred in granting same pay scale to the respondent, who is a non-I. T. I. as is prescribed as I. T. I. holders Tracer since the provisions of Article 14 or Article 16 of the Constitution do not exclude the laying down of selective tests, nor do they preclude the Govern ment from laying down qualifications for the past in question.