R. A. Sharma, J. - (1.) U. P. Public Services Commission by an advertisement no. 15/85-86 invited applications for the seven posts of Inspectors of Government Offices. According to this advertisement, there were following three conditions of eligibility for the aforesaid posts :- (1) Candidate must be permanent government servants with at least 15 years' continuous service on any ministerial post under the State Government; (2) At least Rs. 735/- per month as substantive pay on July 1, 1986 ; and (3) Age between 40-47 years.
(2.) PETITIONER is Noter and Drafter in second circle of Public Works Department, Agra in the pay scale of Rs. 470-735/-. The petitioner was one of the candidates, who applied for the post of Inspectors of Government Offices in pursuance of the aforesaid advertisement but he was not eligible on account of the fact that he was drawing only Rs. 667/- as substantive pay on July 1, 1986. The petitioner, as such, filed this writ petition for getting the aforesaid advertisement quashed by writ of certiorari and further for writ of mandamus so as to restrain the respondents from implementing the advertisement. Petitioner's case is confined to the second condition of eligibility, namely, at least Rs. 735/- per month as substantive pay on July 1, 1986. This condition has been challenged on the two grounds :- (i) State has fixed Rs. 735/- as substantive pay purely on arbitrary basis and (ii) In view of Government Order dated 14-8-1988 by which pay scales of the employees of State of U. P. have been revised with effect from 1-1- 1986, the pay of the petitioner has been raised from Rs. 470-735 to Rs 1100- 1650 and as such on 1-7-1986 petitioner's pay becomes above Rs. 735/-. From the pleading of the parties, it is clear that the Inspectors of Offices are gazetted officers and have to discharge onerous duties which are different from general duties of Inspectors of other departments. For the appointment to such post of responsibility experienced hands are naturally required to be recruited. In view of the importance of the post of Inspectors of Offices, the Government of U. P. has framed separate Rules known as Office Inspection Services Rules, 1967. When these Rules were framed in 1967 one of the conditions of eligibility was that candidate must be getting not less than Rs. 250/- per month as substantive pay. Pay scales of the Government employees including the Inspectors have been raised by the Government of U. P. from time to time. With the rise in the pay scale the Government has been raising the minimum pay as condition of eligibility for appointment from time to time. Pay scale of the cadre of Noters and Drafters to which the petitioner belonged is Rs. 470-735. Only the senior Noters and Drafters will be getting the pay of Rs. 735/- and only these senior Noters and Drafters will be eligible for appointment to the post of Inspectors of Offices. Intention of the Government is as such very clear that only senior most Noters and Drafters should be appointed to the post of Inspectors. In our opinion, the fixation of substantive pay of Rs. 735/- as one of the conditions of the eligibility is fully justified and is fair and reasonable.
(3.) SECOND contention of petitioner also has no force. In pursuance of the advertisement in question we are informed that the examination was held in July 1987 and interview was held on 12-4-1988. Examination was completed before Government order dated 14-8-1988 was issued by which the pay scales of the employees of State of U. P. were raised w.e.f. 1-1-1986. Before the Government issued the order everything was completed and as such the petitioner cannot take any advantage of the aforesaid Government order. The process of selection of candidates commencing from stage of calling for applications upto the date on which Government is entitled to make a selection is an integrated one. There are various stages in this process and at every stage rights are created in favour of one or the other candidate. The Government order does not have effect of adversely effecting the vested rights and obligations. An order, even if retrospective in operation, cannot undo what has already been done unless the order provides otherwise. No such provision has been made in this order dated 14-8-1988. The Government Order by which the pay scale was revised with effect from 1-1-1986 as such does not have any effect on the proceedings for selection which had commenced or concluded before the Government Order was issued. The petition, as such, has no merit and is accordingly dismissed. We however, direct the parties to bear their own costs.;