STATE OF RAJASTHAN AND ANR. versus GOPALDAS ETC. ETC.

Citation: [1995] 1 S.C.R. 214 · Decided: 13-01-1995 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A. 
STATE OF RAJASTHAN AND ANR. 
v. 
GOPALDAS ETC. ETC. 
JANUARY 13, 1995 
B 
[KULDIP SINGH AND B.L. HANSARIA, JJ.) 
Service Law-Rajasthan Civil Servants (Revised Pay Scales) Rules, 
. +--> 
1983-Revision of Pay-scale of Upper Division Clerks-Demand of UDCs of 
subordinate offices· for grant of higher pay scale given to UDCs of 
C Secretariat-Allowed by notification dated Jan. 23, 1985-Claim of revised 
scale w.e.f. J.9.1981 relying on various notifications relating to other depart-
me~ts-Notifications relied upon issued under different circumstances-Plea 
of discrim~nation-Not maintainable. 
D 
The pay-scales of Government servants in the State of Rajasthan 
were revised w.e.f. 1.9.1981 by the Rajasthan Civil Servants (Revised Pay 
Scales) Rules, 1983. The pay scale of UDCs of subordinate offices was 
revised from Rs. 385-650 to Rs. 520-925. The existing pay scale of Rs. 
440-775 of UDCs of Secretariat was revised to that of Rs. 610-1090. The 
UDCs of subordinate offices claimed that there was no justification for 
E 
denying them the higher pay scale which was being given to the UDCs of 
Secretariat. The State Government allowed the claim and granted revision 
by the notification dated January 23, 1985 w.e.f. 1.2.1985. The respondent, 
working as UDC in subordinate office filed a writ petition seeking a 
direction to the State Government to grant him the revised pay scale w.e.f. 
F 
1.9.1981 instead of from 1.2.1985. It was alleged that after coming into force 
of the Rajasthan Civil Servants (Revised Pay Scales) Rules, 1983 various 
notifications were issued from time to time during the years 1984 - 85 
revising pay scales of different cadres in other departments of the State 
Government whereunder the revision was made operative w.e.f. 1-9-1981. 
G It was contended that the respondent and other UDCs of subordinate 
offices were dealt with discriminately as they were granted revision w.e.f. 
1·2-1985 instead of from 1.9.1981, The High Court allowed the writ petition 
solely on the ground of discrimination. Hence this appeal. 
The appellants contended that the High Court fell in error in accept-
H ing the plea of discrimination for which there was no factual basis. It was 
214 
STATEv. GOP ALDAS [KULDIP SINGH,J.] 
215 
submitted that the notifications relied upon by the High Court were issued A 
under different circumstances and were not relevant to the facts of the 
present case. According to the appellants those were the cases where 
certain categories of employees were not included in the general pay 
revision provided under the rules, and therefore, they were given the 
revised pay-scales for the first time w.e.f. 1-9-1981 to bring them at par B 
with the employees who were governed by the Rules. While in the present 
case, the UDCs of suhordinate offices were governed by the Rules and they 
were given the revised pay scale to bring them at par with the UDCs of the 
Secretariat. 
Allowing the appeal, this Court 
HELD : The employees dealt with by the fourteen notifications relied 
upon by the High Court were those who were left out of the pay-revision 
and in respect of whom no provision was made under the Rajasthan Civil 
Servants (Revised Pay Scales) Rules, 1983. These notifications were issued 
c 
to deal with the omissions which came to the notice of the Government D 
after the initial process of pay revision. So far as the notification dated 
23.2.1985 relating to the UDCs of subordinate offices was concerned, it was 
not with a view to remove any anomaly or to make any provision for a 
category which was left out of the Rules. It was a notification issued as a 
result of the acceptance of the demand of the UDCs of the subordinate E 
offices for grant of higher pay scales which was given to their counter parts 
in the Secretariat. The State Government was justified in granting revised 
pay scale to the respondent and other UDCs of subordinate offices w.e.f. 
1.2.1985. [218-F-H, 219-A] 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3528 of F 
1991 etc. 
From the Judgment and Order dated 21.12.88 of the Rajasthan High 
Court in D.B.C.W.P. No. 3116 of 1987. 
A. Gupta for the Appellants. 
Badridas Sharma and Narottam Vyas, for the Respondents. 
The Judgment of the Court was delivered by 
G 
KULDIP SINGH, J. The pay-scales of Government servants in the H 
216 
SUPREME COURT REPORTS 
[1995) 1 S.C.R. 
A 
State of Rajasthan were revised with effect from September 1, 1981 by the 
Rajasthan Civil Servants (Revised
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