Appeal No 274 of 1967
Appeal by special leave from the judgment and order dated November 18 1965 of the Rajasthan High Court in D B Civil Writ Petition No 336 of 1964
Brijbans Kishore and D P Gupta for the appellant
432 GC Kasliwal Advocate General for the State of Rajasthan and K Baldev Mehta for the respondent
The Judgment of the Court was delivered by Bhargava J
The appellant Unikat Sankunni Menon was in the service of the Rajasthan Government in the Secretariat after Rajasthan was constituted as a State
The pay and grades of the posts in the Secretariat were governed by the Rajasthan Civil Services Unification of Pay Scales Rules and Schedules framed by the Rajpramukh under Article 309 of the Constitution of India
Under those Rules an Assistant Secretary to Government drew pay in the scale of Rs 250 25 400 EB 25 500 and was in addition entitled to a special pay of Rs 501 
A Deputy Secretary to Government drew pay in the scale of Rs 500 25 700 and was in addition entitled to a special pay of Rs 100 
Subsequently the Rajasthan Secretariat Service Rules 1954 were framed by the Rajpramukh under Article 309 of the Constitution of India and were brought into force with effect from 10th January 1955
Under these Rules the appellant became a member of the Rajasthan Secretariat Service hereinafter referred to as the RSS
He was at that time holding the post of an Assistant Secretary which carried the time scale of Rs 250 25 400 EB 25 500
He was also drawing a special pay of Rs 75 per month
By the notification dated 25th May 1956 the Rajpramukh again acting under article 309 of the Constitution of India promulgated Rajasthan Civil Services Rationalisation of Pay Scales Rules and Schedules 1956
Under these Rules the grades of pay applicable to Deputy Secretaries and Assistant Secretaries were revised
The posts of Assistant Secretaries were shown as belonging to the ordinary time scale of the RSS carrying the grade of Rs 250 25 500 EB 25 750 with a special pay of Rs 75 
Further it was laid down that there will be selection posts for members of the RSS which were indicated as posts of Deputy Secretaries to Government by putting this designation in brackets and a new scale of Rs 500 30 740 EB30 800 50 900 without special pay was prescribed for these selection posts
In the remarks column there was a note that on promotion as Deputy Secretary an Officer will receive Rs 5001 or a minimum increase of Rs 150 on his basic pay as Assistant Secretary whichever is higher
These were the Rules in force when on 10th January 1959 the appellant was appointed as Deputy Secretary
On that date he was drawing a salary of Rs 475pm in the ordinary time scale of the RSS and was also getting a special pay of Rs 75  as he was holding the post of an Assistant Secretary to Government
Consequently on his appointment as Deputy Secretary which was a selection post for the RSS his salary was fixed at Rs 650 
Under the formula laid down in the remarks column mentioned above the salary admissible to him 433 came to Rs 625  but since in the new grade fixed for the selection posts there was no stage at Rs 625  his pay was fixed at Rs 650 at the next higher stage above the amount calculated in his case on the basis of the formula laid down in the remarks column
This procedure was adopted under the Government instructions
Subsequently the grades for the posts of Dy
Secretaries and Assistant Secretaries were again revised by the Governor of Rajasthan under the proviso to Article 309 of the Constitution by promulgating the Rajasthan Civil Services Revised Pay Rules 1961
Under these Rules the grade applicable to Assistant Secretary to Government belonging to the RSS was prescribed as Rs 360 25 560 30 590 EB 30 860 900
The Rules also indicated that this revised scale had been prescribed as a result of merging the special pay in the grade pay itself
The grade for Deputy Secretaries to Government was also revised to Rs 550 30 820 EB 30850 50 1 100
It appears that subsequently there was another revision of scales of pay in the year 1966 and the latest grade applicable to the members of the RSS holding the posts of Deputy Secretaries is Rs 900 50 1500
Apart from these various Rules which from time to time were applicable to members of the RSS we may also indicate the Rules that were applicable to members of the Rajasthan Administrative Service hereinafter referred to as the RAS when holding posts of Deputy Secretaries
Under the Rajasthan Civil Services Unification of Pay Scales Rules and Schedules 1950 which were in force until the year 1956 a member of the RAS on appointment as Deputy Secretary drew salary in the same grade of Rs 500 25 700 with a special pay of Rs 100 in the same way as a member of the RSS
When the Rajasthan Civil Services Rationalisation of Pay Scales Rules  Schedules 1956 came into force this principle was departed from
While laying down the grades of pay applicable to members of the RAS their senior and junior scales were combined into one scale shown as the time scale of Rs 250 25 500 EB 25 750 with a selection grade of Rs 500 30 740 EB 30 800 50 900 which was to be admissible personally to Officers who had been appointed substantively earlier to the grade of Rs 500 25 700 vide Government Orders issued on 9th April 1951 and 19th January 1955
Then it was further laid down that special pay would be admissible on certain posts to Officers of the RAS on time scale or selection grade and amongst these were the posts of Deputy Secretaries to Government
The Rules prescribed a special pay of Rs 1501 for the members of the RAS when appointed to posts of Deputy Secretaries to Government
In the subsequent revision of grades under the Rajasthan Civil Services Revised Pay Scales Rules 1961 the grade of the RAS was revised to Rs 285 25 510 EB 25 560 30 800 for the ordinary time scale and Rs 550 30 820 EB 30 850 50 950 for 4 3 4 posts in the senior scale together with a selection grade of Rs 65050 1250
Under these Rules again it was laid down that an Officer of the RAS holding a post in the senior scale on appointment as Dy
Secretary will be entitled to a special pay of Rs 150Under the last revision in 1966 a member of the RAS on appointment as Dy
Secretary was to draw salary in his regular time scale of Rs 550 30 820 EB 30 850 50 1100 subject to a minimum of Rs 640  with a special pay of Rs 1501 
In the case of a member of the RAS holding a post in the selection grade applicable to his service he was to draw the pay in his selection grade with a special pay of Rs 1501
Thus in the case of members of the RAS appointed to posts of Deputy Secretaries a special pay remained admissible while the principle of granting special pay to members of the RSS on appointment as Deputy Secretaries was abolished
It was on the basis of these Rules that the appellant filed a petition under article 226 of the Constitution before the High Court of Rajasthan claiming that the words without special pay in the Rajasthan Civil Services Rationalisation of Pay Scales Rules  Schedules 1956 may be declared as invalid and violative of Articles 14 and 16 of the Constitution
The High Court dismissed the petition and consequently the appellant has now come up to this Court by special leave
The claim of the appellant has to be examined in two different aspects
The first aspect is that the Rules as applicable from time to time to members of the RSS on appointment to the posts of Deputy Secretaries were at no stage made less favourable than the Rules previously applicable
As has been mentioned earlier under the Rajasthan Civil Services Unification of Pay Scales Rules  Schedules 1950 a person serving in the Rajasthan Secre tariat on appointment as Deputy Secretary was placed in the time scale of Rs 500 25 700 and was in addition entitled to a special pay of Rs 100 
When the Rules were revised for the first time under the Rajasthan Civil Services Rationalisation of Pay Scales Rules  Schedules 1956 a member of the RSS working on the ordinary time scale as Assistant Secretary became entitled on ap pointment as Deputy Secretary to pay in the scale of Rs 500 30740 EB 30 800 50 900
It is true that on such appointment under these Rules he was not entitled to any special pay but the principle for fixation of pay given in the remarks column ensured that the pay admissible to the Officer would certainly be higher than the pay which would have been admissible if the earlier Rules had continued in force
The scale of pay prescribed for the post of Deputy Secretary was higher than the previous scale
Further on promotion as Deputy Secretary every Officer of the RSS received a minimum increase of Rs 1501 on his basic pay as Assistant Scretary
The fact that the special pay as Assistant Secretary was 435 ignored in fixing the pay on appointment to the post of Deputy Secretary did not result in any reduction of the emoluments to be received under the new scales as compared with the emoluments which he would have received if the old scales had continued to remain in force
The subsequent revisions in 1961 and 1966 also observed this principle so that the Rajpramukh or the Governor of Rajasthan in promulgating these various Rules revising the pay scales applicable to Deputy Secretaries ensured that no revised Rule operated to the prejudice of a member of the RSS as compared with the earlier Rules under which rights had vested in him
Further it was at no stage urged that the Rajpramukh or the Governor was incompetent to promulgate these revised Rules from time to time in exercise of his power under Article 309 of the Constitution
The Rules thus applicable to the member of the RSS on appointment to the post of Deputy Secretary against which the appellant made his grievance in the High Court cannot be held to be vitiated in any manner if considered by themselves in the light of rights which the members of the RSS possessed from time to time
The second aspect and the one on which reliance was mainly placed by learned counsel for the appellant in
this appeal is that the Rules on the face of them show that in the case of members of the RSS appointed as Deputy Secretaries no special pay is admissible while special pay is admissible to members of the RAS when holding similar posts
It is on the basis of this apparent differentiation that the appellant urged that Articles 14 and 16 of the Constitution were violated when special pay was denied to the members of the RSS while special pay was admissible to members of the RAS
There are two reasons why this grievance put forward on behalf of the appellant has to be rejected
The first is that the appellant comes to the post of a Deputy Secretary from the RSS which is a service distinct and separate from the RAS
The methods of recruitment qualifications etc of the two Services are not identical
In their ordinary time scale the two Services do not carry the same grades
Even the posts for which recruitment in the two Services is made are to a major extent different
The members of the RSS are meant to be employed in the Secretariat only while members of the RAS are mostly meant for posts which are outside the Secretariat though some posts in the Secretariat can be filled by members of the RAS
In such a case where appointment is made to the posts of Deputy Secretaries of government servants belonging to two different and separate Services there can arise no question of a claim that all of them when working as Deputy Secretaries must receive identical salaries or must neces sarily both be given special pay
It is entirely wrong to think that every one appointed to the same post is entitled to claim that be L5 Sup
CI67 14 436 must be paid identical emoluments as any other person appointed to the same post disregarding the method of recruitment or the source from which the Officer is drawn for appointment to that post
No such equality is required either by article 14 or article 16 of the Constitution
This principle was explained by this Court first in the case of All India Station Masters  and Assistant Station Masters  Association  Others vs General Manager Central Railways and Others1
In that case the question arose about the rights of promotion of Assistant Station Masters and Guards already employed in the Railway Service
The Assistant Station Masters claimed equality of opportunity for promotion qua the Guards on the ground that they were entitled to equality of opportunity in the matter of employment or appointment to any office of the State under article 161 of the Constitution
This Court held  It is clear that as between the members of the same class the question whether conditions of service are the same or not may well arise
If they are not the question of denial of equal opportunity will require serious consideration in such cases
Does the concept of equal opportunity in matters of employment apply however to variations in provisions as between members of different classes of employees under the State  In our opinion the answer must be in the negative
The concept of equality can have no existence except with reference to matters which are common as between individuals between whom equality is predicated
Equality of opportunity in matters of employment can be predicated only as between persons who are either seeking the same em ployment or have obtained the same employment Proceeding further the Court held  There is in our opinion no escape from the conclusion that equality of opportunity in matters of promotion must mean equality as between members of the same class of employees and not equality between members of separate independent classes The same principle was later confirmed in the case of Kishori Mohanlal Bakshi vs Union of India2
In that case persons appointed to Class 11 of Income tax Officers claimed that there was discrimination against them in the matter of pay scales as compared with Income tax Officers recruited direct to the Class I Service
The Court rejecting this argument held  The only other contention raised is that there is discrimination between Class I and Class II Officers inasmuch as though they do the same kind of work their pay scales are different
This it is said violates article 14 of the Constitution
If this contention had any validity there could be no incremental scales of pay fixed dependent on the duration of an officer s service
The abstract doctrine of equal pay for equal work has nothing to do with article 14
The contention that article 14 of the Constitution has been violated therefore fails
 The claim of the appellant in the present case that 1 1
2 AIR 1962 SC 11 39
437 on appointment as Deputy Secretary he must be held entitled to receive special pay on the ground of being placed on parity with the members of the RAS has therefore to be rejected
The second ground which shows that the claim made on behalf of the appellant has no basis is that under the various Service Rules themselves a member of the RSS on appointment as Deputy Secretary is given pay in a grade specially and separately fixed for the posts of Deputy Secretaries while a member of the RAS is not placed in that grade at all
Thus under the latest Rules a member of the RSS on appointment as Deputy Secretary draws salary in the grade of Rs 900 50 1500
On the other hand a member of the RAS appointed as Deputy Secretary is not granted pay in this scale
In his case he continues to draw his salary in the scale applicable to him in the RAS and is allowed a special pay of Rs 1501 
This special pay allowed to a member of the RAS is therefore not in addition to the pay in the grade specially prescribed for the posts of Deputy Secretaries
That grade is much higher than the grade applicable to the member of the RAS which continues to apply to him on his appointment as Deputy Secretary and it is only in addition to that lower time scale that a member of the RAS is allowed the special pay of Rs 1501 
It is thus clear that the method of fixation of salary for members of the two Services on appointment as Deputy Secretaries is quite different
A member of the RSS is allowed a special higher grade while a member of the RAS continues on his old scale and only gets an extra salary of Rs 1501 per month
In such a case no question can arise of holding that a member of the RSS must also be granted a special pay in addition to being placed in the higher grade of pay prescribed for the post of Deputy Secretaries when that post is held by the member of the RSS
In this connection learned counsel for the appellant drew our attention to Rule 73 1 of the Rajasthan Civil Service Rules 1951 framed under Article 309 of the Constitution defining special pay
The definition given in the Rule is that Special Pay means an addition of the nature of pay to the emoluments of a post or of a government servant granted in consideration of  a the specially arduous nature of the duties b a specific addition to the work or responsibility or c the unhealthiness of the locality in which the work is performed
It was urged by learned counsel that if the post of Deputy Secretary was considered as involving specially arduous nature of duties for members of the RAS there is no reason to hold that that post is not equally arduous for members of the RSS and consequently there would be no justification for denying special pay 438 to members of the RSS holding such a post when special pay is granted to members of the RAS
It appears to us that this submission is made on a misconception of the scope of this Rule
The Rule in defining special pay envisages an addition of the nature of pay to the emoluments of either a post or of a government servant and consequently it is clear that a special pay is to be granted if a person is appointed to a post which is specially arduous in nature as compared with the earlier post held by him
Similarly it may be granted to a government servant who is appointed to a post involving specially arduous duties as compared with the posts to be held by him ordinarily while continuing in the Service in which he holds his permanent appointment
Special pay does not arise out of any inherent quality of being arduous in nature of the post itself
Thus when special pay is granted to a member of the RAS on appointment as Deputy Secretary the reason may be that the post is considered more arduous in nature than the post which would be held by him if he had continued on a regular post borne on the cadre of his Service
In the case of a member of the RSS the post of a Deputy Secretary is already designated as a selection post for hi in and in view of this difference between the post to which he is appointed as compared with the post of an Assistant Secretary earlier held by him he is granted a special and higher grade so that there is no question of his being granted a special pay on the basis that the post of Deputy Secretary is more arduous in nature than the post of Assistant Secretary
The Rules as framed are thus based on well recognised principles for granting salary to members of different Services even when they are appointed to the same post
In these circumstances no question arises of any discrimination under article 14 of the Constitution or of any denial of equality of opportunity under article 16 of the Constitution
The appeal has no force and is dismissed but in the circumstances of this case we make no order as to costs
RKPS Appeal dismissed


Summary:
Under the Rajasthan Civil Services Unification of Pay Scales Rules  Schedules 1950 a person serving in the Rajasthan Secretariat on appointment as Deputy Secretary was placed in a specified pay scale and was in addition entitled to a Special Pay
Under the same Rules a member of the Rajasthan Administrative Service on appointment as Deputy Secretary was also entitled to draw salary in the same pay scale and a similar Special Pay
The 1950 Rules were superseded by the Rajasthan Secretariat Service Rationalisation of Pay Scales Rules  Schedules 1956 by which it was provided that for Assistant Secretaries in the Secretariat Service there would be a number of selection posts of Deputy Secretaries on an increased pay scale without any Special pay Furthermore the scales applicable to the members of Administrative Service on appointment as Deputy Secretary were also revised upwards though not to the same extent as for those in the Secretariat Service and in their case the principle of Special Pay on such appointment was continued
The rules were revised again in 1961 and 1966 whereby higher pay scales were introduced to apply to members of each service on appointment to the post of a Deputy Secretary but the system of a special pay on such appointment was continued only for members of the Administrative Service
The appellant who was an Assistant Secretary in the Secretariat Service and had been promoted as a Deputy Secretary filed a petition under article 226 of the Constitution claiming that the words without special pay in the 1956 Rules applicable in respect of his Service may be declared invalid and violative of Articles 14 and 16 of the Constitution
The High Court dismissed the Petition
In the appeal to this Court it was contended inter alia that Articles 14 and 16 were violated because i the Rules on the fare of them showed that in the case of members of the Secretariat Service appointed as Deputy Secretaries no special pay was admissible while such pay was admissible to members of the Administrative Service when holding similar posts and ii the definition of Special Pay in Rule 331 of the Rajasthan Civil Service Rule 1951 showed that it was meant to be additional pay in consideration inter alia of the specially arduous nature of duties and that if the post of Deputy Secretary was considered as involving such duties for members of the Administrative Service there was no reason to hold that the same post was not equally arduous for members of the Secretariat Service
HELD  There was no discrimination under Article 14 or any denial 4 3 1 of equality of opportunity under Article 16
1 The Rules as applicable from time to time to members of the Secretariat Service on appointment to the posts of Deputy Secretaries were at no stage made less favourable than the Rules previously applicable to them and could not be held to be vitiated in any manner if considered by themselves in the light of rights which the members of the Secretariat Service possessed from time to time
435C D 438E F The appellant came to the post of a Deputy Secretary from the Secretariat Service which is a service distinct and separate from the Administrative Service
The methods of recruitment qualification etc of the two Services are not identical
In their ordinary time scale the two Services do not carry the same grades
Even the posts for which recruitment in the two Services is made are to a major tent different
The members of the Secretariat Service are meant to be employed in the Secretariat only while members of the Administrative Service are mostly meant for posts which are outside the Secretariat though some posts in the Secretariat can be filled by members of that service
In such a case where appointment is made to the posts of Deputy Secretaries of government servants belonging to two different and separate Services there can arise no question of a claim that all of them when working as Deputy
Secretaries must receive identical salaries or must necessarily both be given special pay
It is entirely wrong to think that every one appointed to the same post is entitled to claim that he must be paid identical emoluments as any other person appointed to the same post disregarding the method of recruitment or the source from which the Officer is drawn for appointment to that post
No such equality is required either by article 14 or article 16 of the Constitution
435F 436B All India Station Masters  and Assistant Station Masters  Association  Others vs General Manager Central Railways and Others   Mohanlal Bakshi vs Union of India AIR 1962 SC 1139 relied on
Furthermore under the various Service Rules themselves a member of the Secretariat Service on appointment as Deputy Secretary was allowed a special higher grade while a member of the Administrative Service continued on his old scale and only got an extra salary of Rs 1501 per month by way of Special Pay
In such a case no question can arise of holding that a member of the Secretariat Service must also be granted a special pay in addition to being placed in the higher grade Special Pay  does not arise out of any inherent quality of being arduous in the nature of the post itself
Thus when special pay was granted to a member of the Administrative Service on appointment as Deputy Secretary the reason might be that the post was considered more arduous in nature than the post which would beheld by him if he had continued on a regular post borne on the cadre of his Service
In the case of an Assistant Secretary in the Secretariat Service the post of a Deputy Secretary was already designated as a selection post for him on a grade and there could be no question of his being granted a on the basis that the post Deputy Secretary is more arduous in nature than the post of Assistant Secretary 437D F 438C E