MILAP CHANDRA, J. - (1.) THIS writ petition has been filed for directing the respondents to give effect to the revised scale of pay given to the Upper Division Clerks (Scale No. 10) from September 1, 1981 instead of February, 1, 1985 for declaring the Notification (F. 17 (3) F. D. Group-II/82 dated January 23, 1985) as discriminatory and ultra vires of the Constitution and to pay the difference-amount accordingly. The facts of the case may be summarised thus.
(2.) THE petitioner was an Upper Division Clerk in the Police Department of the Government of Rajasthan. His pay was fixed at Rs. 925/- in the scale of Rs. 550925 (Scale No. 9) with personal pay of Rs. 42. 50 w. e. f September 1, 1981 under Rajasthan Civil Services (Revised Pay Scale) Rules, 1983 (herein-' after to be called 'the Rules' ). He attained the age of superannuation on December 31, 1983. THE said pay-scale of the Upper Division Clerks was further revised and they were given pay-scale of Rs. 610-1090 (Scale No. 10) w e. f. February 1,1985 vide Notification dated January 23, 1985 (Anx. R/l ). Similarly, pay scales of various posts were also further revised by various notifications issued in the years 1984 and 1985 but with effect from September 1, 1981. THEir details are mentioned in Schedule 'a' of the writ petition. Representations were sent by the petitioner for giving effect the further revised pay-scale from September 1, 1981. Anx. P/2 is a copy of the one of them. THEre is no nexus with the object sought to be achieved in further revising the said pay-scale w. e. f. February 1. 1985. In the reply to the show-cause notices, the respondents have filed their reply stating that an employee cannot claim revision of his pay-scale from any particular date or from the date of the revision of a pay-scale for other category of service, the date from which the further revised pay-scale is made applicable is fixed in accordance with the approval obtained from the Rule Making Authority, the Pay-Scale No. 10 has been given to all employees falling in the category of Section C (ii) of the Rules w e. f. February 1, 1985 and there has been no discrimination in the similarly situated employees. The claim of the petitioner to give retrospective effect to the notification dated January 23, 1985 (Anx R/l) is not maintainable. It has been contended by the learned counsel for the petitioner that initially Upper Division Clerks were given pay-scale of Rs. 550-925 (Scale No. 9) w. e. f. September 1, 1981, in order to remove certain anomalies, they were subsequently given pay scale of Rs. 610-1090 (Scale No. 10) w. e. f. Feb. 1. 1985 vide notification Anx. R/l. and the pay-scales of several other posts were also further revised and the further revised pay-scales were given effect from the date on which the Rules came into force i. e. September 1, 1981. He also contended that it is a clear case of hostile discrimination and further revised pay-scale (No. 10) should have been given with effect from September 1, 1981. In reply, it has been contended by the learned Deputy Government Advocate that the petitioner has not been discriminated from other Upper Division Clerks pay scale of all Upper Divisions Clerks was further revised w. e. f. February 1, 1985 and the notifications mentioned in Schedule 'a' enclosed with the writ petition relate to various different posts. He also contended that an employee cannot claim the revision of his pay - scale with a particular date. Admittedly, Upper Division Clerks were initially fixed in the pay-scale of Rs. 550-925 (No. 9) w. e. f. September 1, 1981 under the Rules and subsequently they were given pay-scale of Rs. 610-1090 (Scale No. 10) w. e. f. February 1, 1985. The only question for consideration in this case is whether the fixing of this date (1. 2. 85) is arbitrary and discriminatory. Admittedly, the pay scales of all the employees of the Government of Rajasthan were revised under the Rules with effect from September 1, 1981 and the pay scales of various posts were further revised w. e. f. February 1, 1981 by the following notifications : - S. No. Name of the Department Particulars of the Notification 1. Ayurved Department. F. 17 (10)FD (Gr. 2) 82 (RPS 6/84) Dt. 20. 1. 84. 2. Rajasthan State Enterprises Services. F. 17 (67)FD (Gr. 2) 82 (RPS 36/84) Dt. 7. 6. 84. 3. Medical & Health Department F. 17 (49)FD (Gr. 2) 82 P & I (RPS 40/84) Dt. 27. 6. 84. 4. Community Development & Panchayat Department F. 17 (17)FD (Gr. 2) 82 (RPS 42/84) Dt. 24. 7. 84 5. Animal Husbandry. F. 17 (5) FD (Gr. 2) 82 (RPS 43/84) Dt, 30. 7. 84. 6. Medical & Health Department. F. (48) FD (Gr. 2) 82-Pt. I (RPS 59/84) Dt. 22. 11. 84. 7. Ground Water Department. F. 17 (34) FD (Gr. 2) 82 (RPS 1/85) Dt. 4. 1. 85. 8.Agriculture Department. F. 17 (4) FD (Gr. 2) 82 (RPS 3/85) Dt. 8. 1. 85. 9. Medical & Health Department. F. 17 (48)FD (Gr. 2)82 Pt. I (RPS 2/85) Dt. 5. 1. 85. 10. Medical & Health Department. F. 17 (49) FD (Gr. 2) 82 Pt. I (RPS-5/85) Dt. 11. 1. 85. 11. Animal Husbandry Department. F. 17 (17)FD (Gr. 2) 83 (RPS (-10/85) Dt. 29. 1. 85 12. Industries Department. F. 17 (40) FD (Gr. 2) 82 (RPS 16/85) Dt. 15. 3. 85 13. Medical Health Department F. 17 (48) FD (Gr. 2) 82 Pt.-I (RPS 17/85) Dt. 15 3. 85. 14. Medical & Health Department F. 17 (48) FD (Gr. 2)/82-Pt. I (RPS 22/85) Dt. 4. 4. 85. These notifications are mentioned in the Schedule A of the writ petition which has not been denied in the reply. Besides these notifications, there are many other notifications by which the pay scales of various other posts were further revised w. e. f. 1. 9. 81. Reference of 17 (10) FD (Gr. 2)/82 (RPS 83-40/85) & (RPS 83-46/85) may be made here. It is stated in para No. 6 of the reply that the date from which the further revised pay-scales have been made applicable was fixed in accordance with the approval of the Rule Making Authority. The basis which pursuaded this authority in fixing 1. 2. 85 and not 1. 9. 81 has not been given in the reply. There appears to be no rational in fixing February 1, 1985 as the date from which the further revised pay-scale (No. 10) was made applicable to the Upper Division Clerks. Further revised pay-scale (Scale No. 10) should have also been given to the Upper Division Clerks w. e. f. Sept. 1,1981. There appears to be no rational in giving further revised pay-scale to the Upper Division Clerks w. e. f. February 1, 1985 when similarly further revised pay-scales have been given to other employees w. e. f. September 1, 1981 despite the fact that their pay-scales were also further revised in the years 1984 and 1985. The classification into different categories for the purpose of giving effect to the J further revised pay scales is not founded on an intelligible differentia and this differentia has no rational relation to the object sought to be achieved. It has been observed in Delhi Veterinary Association v. Union of India, (1) that apart from being the dominant employer, the Government is also expected to be a model employer. As such the writ petition deserves to be allowed.
(3.) THE writ petition is allowed. THE respondents are directed to fix the pay of the petitioner in the further revised pay-scale of Rs. 610-1090 (Scale No. 10) w. e. f. September 1, 1981 and to pay the amount of difference. THE petitioner is also entitled to his pensionary benefits accordingly. .;