ition Civil No 13369 of 1984 Under Article 32 of the Constitution of India
M K Ramamurthi and Uma Datta for the Petitioners
Shanti Bhushan and RP Kapur for the Respondents
The Judgment of the Court was delivered by VENKATACHALIAH J
This Writ Petition under Article 32 of the Constitution of India raises the question of the validity of Regulation 7 read with Schedule I of State Bank of Patiala Officers  Service Regulations1979  Regulations  for short pertaining to the place ment and fitment of existing officers in the service of the State Bank of Patiala in the new grades and scales of pay
In the year 1959 all State Banks State Bank of Patiala was one of them were made subsidiaries of the State Bank of India under Subsidiary Banks Act 1959
Section 63 of this Act provided 63
Power of the State Bank to make regulations I The State Bank may with the approval of the Reserve Bank make in respect of a subsidiary bank regulations not inconsistent with this Act and the rules made thereunder to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act
2 In particular and without prejudice to the generality of the foregoing power such regulations may provide for a to I 
Omitted as unnecessary PG NO 482 m the conditions and limitations subject to which the subsidiary bank may appoint officers advisers and other employees and fix their remuneration and other terms and conditions of service n to y 
Omitted as not necessary Pursuant to and in exercise of the powers of Section 63 State Bank of Patiala Officers  Service Regulations 1979 were promulgated
On the pattern of the recommendations made in regard to the Rationalisation and Standardisation of pay scales of nationalised banks made by what is known as the Pillai Committee the pay scales in State Bank of Patiala were also revised and restructured introducing new grades and scales
The Regulations were to take effect from 1st October 1979
Regulation 7 read with Schedule I provided the placement and fitment of the existing officers of the bank in the new grades and scales Of pay
In the present case we are concerned with the placement and fitment of existing officers Grade A to which both the petitioners Sri Tarsem Lal Gautam and Sri C V Madan belong
The Regulations were promulgated
in exercise of the powers conferred by the State Bank of India Subsidiary Banks Act1959 by the Central Board of Directors of the State Bank of India in consultation with the Board of Directors of State Bank of Patiala and with the previous approval of the Reserve Bank of India
Regulation 41 introduced the following new grades and scales of pay for the officers in the Bank 41 There shall be the following tour grades for officers with the scales of pay specified against each of the grades A Top Executive Scale VII Rs3000 125 3500 Grade Scale VI Rs2750 125 3250 B Senior Management Scale V Rs2500 100 2700 Grade Scale IV Rs2000 100 2400 C Middle Management Scale III Rs1800 75 Grade 2250 Scale II Rs 1200 70 1550 75 2000 PG NO 483 D Junior Management Scale I RS700 40 900 Grade 50 1 100 EB 1200 60 1800 The petitioners were existing officers as on the appointed date ie on 1101979 in Grade A Existing Officers in Grade A were placed in the corresponding new grades and scales of pay
The officers in the earlier existing Grade A in the pay scale of RS1200 60 50 75 950 were placed in two different cadres and scale of pay viz Senior Management Grade Scale IV with the pay scale of RS2000 100 2400 and Middle Management Grade Scale III with the pay scale of Rs 1800 75 2250 on the sole basis whether the officers had been promoted to the existing Grade A on or prior to 31121975 or there after
The effect of Regulation 7 read with Schedule I was that all existing Grade A officers who had been promoted to that grade prior to 31121975 were placed in the new scale Senior Management Grade Scale IV RS2000 100 2400 and those existing Grade A Officers who are promoted as such after 31
121975 were placed in the new scale of Middle Management Grade Scale Ill RS1800 75 2250
Petitioners challenged this classification of existing officers belonging to same grade and scale of pay into two different categories for fitment in the revised pay scales solely on the basis of date of their promotion as arbitrary and violative of Article l4 of the Constitution of India
Regulation 7 reads Subject to the provisions of Regulation 6 existing officers serving in the grades and scales of pay mentioned in column I of the table given in schedule I to these regulations shall be placed as on the appointed date in the grades and scale specified there against in column  of the said schedule
Provided that any difficulties or anomalies arising out of the above placement shall be referred to a committee of such persons as the Board or Executive Committee may appoint and the decision of that committee in this regard shall be final Relevant entries in Schedule I are PG NO 484 Schedule I See regulation 7 Placement of existing Officers in the new grades and scales in the State Bank of Patiala Grade and scale Grade and scale immediately before the in which placed appointed date 1
Omitted as unnecessary 2
Officers A  Grade Senior Management promoted as such on or Grade Scale IV December 1975 Scale Rs2000 100 2400 Rs1200 60 1500 75 1950 4
Other Officers A  Middle Management Grade Scale Rs1200 60 Grade Scale III 1500 75 1950 Rs1800 75 2250 5
Omitted as not necessary 6
do Sri Tarsem Lal Gautam was promoted as Grade A Officer on 1121978
CV Madan was promoted as Grade A Officer on 1121976
Both of them having been promoted after 31121975 in the matter of their placement they by circular dated 2371980 of the First respondent were held to fall outside entry 3 of Schedule I and within entry 4 of that Schedule and accordingly placed them in the Middle Management Grade Scale III and not in the higher revised scaleSenior Management Grade Scale IV
It is to be mentioned here that second petitioner Sri CV Madan was removed from service on 30121977
But the prayers in the petition to the extent they bear upon the correctness of his placement in so far as the benefits that he may be entitled to on that basis up to 30121977 shall survive
The main grievance of the petitioners is that the new Regulations merely brought about a revision of pay scales and that the differentiation amongst the existing Grade A Officers who were doing the same nature of work and who PG NO 485 would continue even after the placement in the new cadre to do the same work into two grades with different scales of pay based purely on the fortuitous circumstance of the date of their promotion to the existing Grade A is aroitrary
The effect of this is illustrated by the possibility that two officers doing the same duty both in the existing grades and in the revised grades are placed in two different scales of pay by reason alone that one of them had been promoted to Grade A on 31st December 1975 would go to the Higher Grade and scale of pay in the revised scale and the other would be placed in the lower scale by reason alone of the fact that he was promoted to the existing Grade the next day
In the memorandum of writ petition petitioners contend that existing officers belonging to Grade A are split into two groups with reference to their date of promotion to Grade A and this differentium is an irrational one
It is averred  
Thus the same class of officers ie Officers A Grade were bifurcated into two different categories with reference to wholly irrational illegal inequitable unreasonable and arbitrary criteria like the fortuitous event of promotion to A Grade on or before 31st December 1975   The number of posts in SMGS IV were far more than the officers were arbitrarily cut off and intially placed in SMGS IV at that time   In counter affidavit dated 1531985 filed by the General Manager of the first respondent bank it is stated 
It is denied that A  grade officers were bifurcated into two different categories with reference to irrational illegal inequitable unreasonable and arbitrary criteria like the fortuitous event of promotion as alleged
This date was fixed having regard to the number of posts vacant with the respondent No I in the Senior Management Grade Scale IV and the number of such posts came to 32 and it was further found that 26 officers had been promoted to then officer Grade A  on or before December 31 1975 
The seniority of the officers for placement in Senior Management Grade Scale IV was strictly maintained and no officer junior to the petitioner was placed in Senior PG NO 486 Management Grade Scale IV
Thus there was a rational differentia in placing certain officers in Senior Management Grade Scale IV and there was rational relationship of such placement to the objects sought to be achieved procuring the services of senior most experienced officers for the senior management Grade Scale IV posts  Setting out the antecedents and the background for this restructuring of the cadres and pay scales it is averred It is submitted that in the year 1973 a Committee known as Pillai Committee was appointed by the Government of India for bringing uniformity and standardisation in the conditions of service of the officers of various nationalised Banks
The recommendations of the Pillai Comrnittee were later on sought to be applied to the State Bank of India and its associate banks with suitablc modifications having regard to their special features   I say that the new structure of grades and scales created by State Bank of Patiala Officers Service Regulations 1979 does not lay down grades and scales corresponding to the earlier grades and scales but it is an entirely new structure created on the basls of recommendations of the Pillai Committee suitably adopted for the subsidiary banks of the State Bank of India with some modifications and there have been bifurcations which have resulted in intermediate grades and scales
As such it cannot be said that the new grades and scales correspond to gold grades and scales and they cannot be construed in a manner that a person who was in a particular grade or scale earlier would automatically get entitled to be placed in some specified corresponding grade and scale without any reference to the date of his promotion in an earlier grade or scale
It is very likely that whenever reorganization of cadres takes place in service some grades may have to be split up into more than one grade or class of postsor more than one grade or class of posts may have to be merged to form a single cadre and as long as the inter se seniority of the officers is not disturbed it would be quite permissible to do so in law
In the present case also the grades and scales were reorganised but the inter se seniority of the vis a vis the petitioner was not disturbed and no officer PG NO 487 junior to the petitioner got higher grade or scale in the reorganised structure   We have heard Shri MK Ramamurthy learned Senior Counsel in support of the petitioners and Shri Shantibhushan learned Senior Counsel for the first respondent bank
Though in addition to the challenge to the unconstitutionality of the classification of the existing A Grade Officers into two classes for purposes of fitment into the revised scales of pay petitioner Sri Tarsem Lal Goutam has alleged mala fies on the part of senior officers
It would appear that he had appeared before the Selection Committee for purposes of promotion from Middle Management Grade Scale III  to the Senior Management Grade Scale IV  and was allegedly over looked for promotion owing to what according to him was a hostile bias against him
There are lengthy averments in the memorandum of petition in regard to these grievances and equally lengthy reputations thereof in the counter affidavit
At the hearing Sri Ramamurthy did not rest the case on mala fides and bias but confined the arguments to the question of constitutionality of the criteria of classification in Entry 3 of Schedule I Sri Ramamurthy contended that the exercise contemplated by the Regulations
in so far us pay scales were concerned was a mere revision of the scales of pay and that when in the year 1983 the placements and fitments were undertaken with retrospective effect from 1101979the two sets of existing officers Grade A who were earlier doing the same kind of work and who even thereafter continued to do same kind of work were bifurcated into two classes on the mere fortuitous line of demarcation of the respective dates of their promotion to the Existing Grade A post
Sri Ramamurthy submitted that the line of demarcation was irrational in fact and impermissible in law
Those who had put in longer number of years of service learned counsel submitted would of course be entitled to and get higher pay in the same pay scale but dividing the Officers of the same cadre into two groups for purposes of the benefit of revision of pay merely on the basis of the date of their promotion would be palpably arbitrary and violative of Article 14
Shri Ramamurthy contended even on the avowed basis of justification of the choice of the cut off date line of 31121975 namely that it was intended to bring about a uniformity in all the subsidiary banks would apart altogether from its legality by itself negate and detract PG NO 488 from the feebly suggested stand of the First Respondent that the cut off date was intended to secure the requisite number of senior and more experienced officers to man certain posts which were to be categorised against Senior Management Grade Scale IV
Sri Ramamurthy submitted that the words promoted as such on or before 31121975  occurring in item 3 of the Schedule I of the Regulations which has the effect of bringing about this hostile discrimination would require to be struck down
With those words so deleted from item 3 of Schedule I it was urged the provision would be purged of the vice of unconstitutionality
In support of his contention that mere seniority of service cannot support a classification for purposes of higher pay scales Sri Ramamurthy placed particular reliance on the pronouncement of this Court in P Savita vs Union of India 1985 1 Supp
SCR 101
In that case Senior Draughts men who were holding the posts as on 3112
1972 were alone held entitled to a higher pay scale and those who had been promoted after 31121972 were denied the benefit of the revision of the pay scale
The High Court did not see substance in the challenge of the Senior Draughtsmen who were denied the benefit to the Rule but this Court relying on the principle of Equal pay for Equal work as recognised and effectuated in Randhir Singh vs Union of lndia  held that the classification to be bad
Shri Ramamurthy invited our particular attention to the following observations of this court made while striking down the basis of the classification 
The explanation is that this division is based on seniority
This cannot be accepted as sufficient to meet the requirements of law
By seniority a Senior Draughtsman will get higher pay with the increments that he earns proportionate to the number of years he is in service
Here that is not the case
It is the classification of the Senior Draughts men into two groups that is responsible for the higher pay  In view of the total absence of any plea on the side of the respondents that the Senior Draughts men who are placed in the advantageous group
do not perform work and duties more onerous or different from the work performed by the appellants group it will have to be held that this grouping violates Article 14 of the Constitution 
For the purposes of the case on hand it is sufficient PG NO 489 to note that the classification between two groups of Senior Draughtsmen is without any basis
They do the same work they perform the same duties and as such the ratio of the decision in Randhir Singh s case applies to this case with greater force   Shri Ramamurthy submitted that this is a full answer to the First Respondent s contention and stated that the proper authority to plead any tenable justification for the purported classification in item 3 of Schedule I of the Regulations was the State Bank of India which has framed and promulgated the regulations and said that though the State Bank of India was impleaded as a party it did not enter appearance and seek to justify the principle justifying the classification
Shri Shanti Bhushan however submitted that the petitioners  approach to the matter on the strength of Savitha s case some what misconceived as the former case was one of Revision of pay scales simpliciter while the present Regulations do not contemplate a mere revision of pay scales of the existing cadres of officers but an exercise involving Rationalisation Standardisation and Re structuring of the whole Administrative set up of the management cadres of the Subsidiary Banks of the State Bank of India
Shri Shantibhushan submitted that where as here new categories of posts and new Scales of Pay not corresponding to the pre existing categories of posts and scales are created criteria will have to be evolved and applied for the subsumption and fitment of the existing officers into the new categories of posts and scales of pay
It might happen that all the Officers of any particular pre existing category it was urged cannot
en bloc be grafted on a particular new category or scale of pay and a fair and reasonable criteria would therefore require to be formulated which while protecting the inter se seniority of the existing officers would also make for their absorbtion and distribution in the new cadres and scales of pay on some reasonable basis
Shri Shanti bhushan submitted that the Regulations 4 6 and 7 read with Schedule I envisage such an exercise and that indeed similar exercises have been undertaken and implemented both in the State Bank of India and in all the other subsidiary banks
Shri Shantibhushan submitted that any acceptance of the contentiones urged for by the petitioners would have the effect of introducing new and unforeseen complications and unsettlements in respect of a large number of similar cases
Referring to Savita s case Shri Shantibhushan submitted that that was a case of a mere unreasonable withholding of the benefits of pay revision to some of the members who PG NO 490 were part of a well defined class
That apart that was case where Senior Draughtsmen were divided into two pay scales of Rs330 560 and Rs425 700 respectively and the important factor was that under the same pay revision the lesser grade of Draughtsmen had the benefit of revised pay scale of Rs330 560
The unreasonableness and injustice of the case were writ large and set it apart
On a careful consideration of the matter we are pursuaded to the view that the Regulations  did not bring about a mere revision of pay and that the analogy of precedents dealing with revision of pay would not be wholly determinative and that 1he contentions urged by Shri Shantibhushan are not without force
Regulation 6 required the categorisation of posts under the various new categories of posts
At the hearing Shri Shantibhushan brought to our notice that about 32 posts had been categorised against the Senior Management Grade IV by the statutorily envisaged committee constituted for the purpose
It has been urged for the First Respondent Bank that the seniority and greater experience of the existing Officers in Grade A have been taken into account by the Regulations in the placement and fitment of the existing officers in the Senior Management Grade Scale IV
This we think is not an instance to which the principle of equal pay for equal work could straight away be applied
Indeed the qualitative differences of regard to degrees of reliability and responsibility cannot be put aside as irrelevant
There cannot be any Thumb Rule to decide the invalidity of the provisions which recognise and provide for differentiation on the basis of higher experience reliability and responsibility
Indeed the observations of this Court All Customs  Central Excise Stenographers recognised and Others vs Union of India 1988 2 JT 519 are apposite There may be qualitative difference as regards reliability and responsibility
Functions may be same but the responsibilities make a difference
One cannot deny that often the difference is a matter of degree and that there is an element of value judgment by those who are charged with the administration in fixing the scales of pay and other conditions of service
So long as such value judgment is made bona fide reasonably on an intelligible criteria which has a rational nexus with the object of PG NO 491 differentiation such differentiation will not amount to discrimination   The same amount of physical work may entail different quality of work some more sensitive some requiring more tact some less it varies from nature and culture of employment
The problem about equal pay cannot always be translated into a mathematical formula
If it has a rational nexus with the object to be sought for as reiterated before a certain amount of value judgment of the administrative authorities who are charged with fixing the pay scale has to be left with them and it cannot be interfered with by the Court unless it is demonstrated that either it is irrational or based on no basis or arrived mala fide either in law or in fact
 In Randhir Singh s case itself it was recognised thus   
The higher qualifications for the higher grade which may be either academic qualifications or experience based on length of service reasonably sustain the classification of the officers into two grades with different scales of pay
The principle of equal pay for equal work would be an abstract doctrine not attracting article 14 if sought to be applied to them
 In a recent pronouncement this Court dealt with a case the facts of which in comparison with those of the present one would render the latter as a fortiori position
In State of UP vs JP Chaurasia and Ors Civil Appeal No 56 of 1987 dated 2791988 this Court noticed the question thus  The question is whether it is permissible to have two pay scales in the same cadre for persons having same duties and having same responsibility  Reversing the decision of the High Court which in the facts of the case answered in the negative this Court observed  The second question formulated needs careful examination
The question is not particular to the present case
It is pertinent to all such cases
It is a matter affecting the civil services in general
The question is whether there could be two scales of pay in the same cadre PG NO 492 of persons performing the same or similar work or duties
All Bench Secretaries in the High Court of Allahabad are undisputedly having same duties
But they have been bifurcated into two grades with different pay scales   
In service matters merit or experience could be the proper basis for classification to promote efficiency in administration
He or she learns also by experience as much as by other means
It cannot be denied that the quality of work performed by persons of longer experience is superior than the work of new comers   We think that the principle of classification amongst the existing officers Grade A for purposes of fitment in the new dispensation brought about by the statutory regulations cannot be said to be unreasonable and arbitrary requiring to be struck down as violative of Article 14
Some arguments were advanced on the question if the number of pots categorised against Senior Management Grade Scale IV was higher than those filled up by the initial fitment under Regulation 7 read with Schedule I the excess number of posts would automatically go by way of placement to the existing officers in Grade A without the requirement of promotion
The categorisation of posts under Regulation 6 is an exercise which is not in any way fettered by Regulation 7
If more number of posts are categorised under Senior Management Grade Scale IV  than the number of existing officers placed into the higher scale pursuant to Regulation 7 read with Schedule I the proper construction to be placed on the scheme of the Regulation is that these extra number of posts in the higher scale would have to be filled up by promotion under Regulation 17 and not by a continuing process of placement and fitment
There is thus no merit in the writ petition which is accordingly dismissed
But in the circumstances we make no order as to costs
RSS Petition dismissed


Summary:
The appellant was the auction purchaser of the property at a revenue sale held under the provisions of the Berar Land Revenue Code 1928 for recovery of land revenue due
The property at the time of the attachment and sale was in the possession of a Receiver appointed under Or 40 R i of the Code of Civil Procedure by the Bombay High Court
Notice to the Receiver however was not given of the attachment and sale of the property nor was any leave of the Court taken for the sale
In a suit instituted by the Receiver for a declaration that the sale was a nullity or at any rate was illegal and liable to be set aside the auction purchaser contended that the sale without notice to 334 the Receiver or without impleading him was not void but only voidable and that in any event the suit was barred by the provisions of sections I57 and 192 of the Berar Land Revenue Code 1928 Held i that the sale was illegal in the absence of the leave of the Court and the necessary notice to the Receiver 2 that the suit was not barred by any of the provisions of the Code
Sub section 1 of section I57 of the Code which bars the institution of a suit to set aside a sale is confined only to claims on the ground of irregularity or mistake in publishing or conducting the sale as referred to in section 56 and suits based on other grounds including those referred to in sub section
2 Of section 157 are not within the prohibition of sub section
Section 192 of the Code is not applicable as the suit is not one simpliciter to set aside the sale held by the revenue authorities but one for a declaration and consequential relief on the grounds taken by the Receiver not covered by the specific provisions of the Code for setting aside the sale which the several authorities under the Code have been empowered to determine decide or dispose of within the meaning of section 192I