Case: Unikat Sankunni Menon Vs. The State Of Rajasthan

1. 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 scare of Rs. 250-25-400-EB-25-500 and was, in addition, entitled to a special pay of Rs. 50. 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 "R. S. S."). He was, at that time holding the post of an Assistant Secretary which carried the time scale of Rs. 250-25-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 (Rationalization 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 timescale of the R. S. S. 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 R. S. S. which were indicated as posts of Deputy Secretaries to Government by putting this designation in brackets, and new scale of Rs. 500-30-740-EB-740-EB-30-800 -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. 500 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. 475 p. m. in the ordinary time scale of the R. S. S. 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 R. S. S., his salary was fixed at Rs. 650. Under the formula laid down in the remarks column, mentioned above, the salary admissible to him 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 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 R.S.S. 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-30-850-50-1100. 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 R. S. S. holding the posts of Deputy Secretaries is Rs. 900-50-15002. Apart from these various Rules which, from time to time, were applicable to members of the R. S. S., we may also indicate the Rules that were applicable to members of the Rajasthan Administrative Service (hereinafter referred to as "the R. A. S.") 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 R.A. S., 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 R. S. S. When the Rajasthan Civil Services (Rationalisation of Pay Scales) Rules and Schedules 1956 came into force, this principle was departed from. While laying down the grades of pay applicable to members of the R. A. S., 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-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 R. A. S. 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. 150 for the members of the R. A S. 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 R. A. S. 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 posts in the senior scale, together with a selection grade of Rs. 650-50-1250. Under these Rules again, it was laid down that an Officer of the R. A. S. holding a post in the senior scale on appointment as Dy. Secretary will be entitled to a special pay of Rs. 150. Under the last revision in 1966, a member of the R. A. S., 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. 150. In the case of a member of the R. A. S. 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. 150. Thus, in the case of members of the R. A. S. appointed to posts of Deputy Secretaries, a special pay remained admissible, while the principle of granting special pay to members of the R. S. S. on appointment as Deputy Secretaries was abolished3. 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 and Schedules, 1956 may be declared as invalid and violative of Arts. 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.

Court's reasoning:
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 remark 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 forceThe Rules thus applicable to the member of the R.S.S 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 R.S.S. possessed from time to time6. 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 R.S.S., which is a service distinct and separate from the R.A.S.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 R.S.S., are meant to be employed in the Secretariat only, while members of the R.A.S. are mostly meant for posts which are outside the Secretariat though some posts in the Secretariat can be filled by members of the R.A.S. 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 ConstitutionIn 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 employment, or have obtained the same employmentThe claim of the appellant in the present case that, 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 R.A.S., has therefore, to be rejected7. 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 R.S.S., 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 R.A.S., is not placed in that grade at all. Thus, under the latest Rules, a member of the R.S.S. on appointment as Deputy Secretary, draws salary in the grade of Rs. 900-50-1500. On the other hand, a member of the R.A.S., appointed as Deputy Secretary, is not granted pay in this scale. In this case, he continues to draw his salary in the scale applicable to him in the R.A.S., and is allowed a special pay of Rs. 150. This special pay allowed to a member of the R.A.S., 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 R. A. S. which continues to apply to him on his appointment as Deputy Secretary, and it is only in addition to that lower timescale that a member of the R.A.S. is allowed the special pay of Rs. 150.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 R.S.S. is allowed a special higher grade, while a member of the R.A.S. continues on his old scale and only gets an extra salary of Rs.150 per month. In such a case, no question can arise of holding that a member of the R.S.S. 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 R.S.SIt 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 in the post itself.Thus, when special pay is granted to a member of the R.A.S. 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 R.S.S., the post of a Deputy Secretary is already designated as a selection post for him 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