1 S.B.CIVIL WRIT PETITION NO. 1178/1999 Krishna Kumar Bahal & Ors. Vs. State of Rajasthan Date of Order :: 26.03.2009 HON'BLE MR. JUSTICE GOVIND MATHUR None present for the petitioner. Mr. R.L. Jangid, Addl. Advocate General, for the respondents. ... By this petition for writ a vires of the Rajasthan Civil Services (Revised Pay Scale) Rules, 1998 is challenged with the contention that the Government of India in pursuant to the recommendations made by 5th Pay Commission revised pay scales for its employees w.e.f. 1.1.1996 whereas effect to the Rules impugned is given from 01.09.1996. On basis of the difference of date in giving effect to the revised pay scales a conscious and hostile discrimination is alleged among the public servants. It is also urged that denial of payment of actual arrears from 01.10.1996 to 31.12.1996 too is bad as that will effect the petitioners pensionary amount adversely. The Rules impugned were framed by the Governor of Rajasthan while exercising powers conferred by proviso to Article 309 of the Constitution of India. The Governor of Rajasthan was competent to do so for public services of the Government of Rajasthan. Pertinent to note here that the State Public Services is subject matter prescribed 2 under list II of Schedule VII of the Constitution of India, as such, the comparison sought to be made with the service conditions of the Central Government employees is absolutely untenable. The respondents have given all notional benefits to the employees and pensioners concerned, thus, there shall be no adverse effect on the quantum of the pension too. The discrimination and arbitrariness alleged by the petitioners, therefore, is absolutely baseless. The petition for writ is having no merit, therefore, the same is dismissed. (GOVIND MATHUR), J. Jgoyal '