Summarize the following court judgment. Civil Appeal NO. 383 Of 1976. Appeal by special leave from the Judgment and Order dated 12 6 1975 of the Andhra Pradesh High Court in Writ Appeal NO. 313 of 1975. Connected with Civil Appeal NOS. 1434 85/77	 2669/79 & 2670/79	 1763 1781/ 77	 2511	 2625	 2679	 2776/77	 332	 333	 909 & 930/78 and S.L.Ps. 70/76	 1769/77	 4246	 4379/77 and 251/79. P. Rama Reddy	 G. section Narayana and G. N. Rao for the Appellant in all the matters. B. Parthasarthy for the Respondent in CAs 383/76	 1443/77	 1444/77 (for R. (for RR. 2 & for R.17)	 CA 1463/77 for RR l & 2 and R. 10 in CA 1464/77 for R.1 in CA 1466/77 for R.1	 1468/77 for both the Respondents	 1470/ 77 for R. for R. 2	 1481 for RR	 1767/77 for R. 1	 932 1768/77 for RR 1	 2	 4	 and 5 8	 1773/77 for RR 1 4 and 5	 2625/ 77 for R.1	 2511/77 for all the RRs. 332/78 for R.3	 930/78 for RR. SLP 1769/76 for RR 1 4	 5 & 7. K. Ram Kumar and Mrs. J. Ramachandran for the RR in CA 1472/77	 CA 1473/77 for RR 1 5	 7	 8	 14	 15 and CA 1485 for all RRs. A. Subba Rao in CA 1434 for RR1	 3	 4	 7	 8	 9 & 11	 in CA 1440/77 for RR 1	 2	 3	 4	 6	 7	 10	 11	 13 & 16	 in CA 1457/77 for Respondent (Sole)	 CA 1459/77 for RR 2	 3 and for RR 1 2	 16 20	 22	 23	 28	 30	 32	 35 and in CA 1764/77 for Respondent (Sole). G. Narasimhulu for all the Respondents in CA 1781/77. B. Kanta Rao for RR 1 3 in CA 1441/77	 in CA 1442/77 for RR 4	 8 11	 14	 15	 23 and 24	 in CA 1769/77 for RR 1 35	 37 47	 49 62	 64	 65	 67 79	 81 83	 85	 87	 89	 91 99	 101 104	 106 108	 110 114	 116 117	 119 123	 in CA 2670 for RR 1 5	 7 12 and 14 16 and 19 20 and in SLP 251/79 for RR 1 8. The Judgment of the Court was delivered by SEN	 J. This and the connected 81 appeals by special leave and seven special leave petitions directed against various judgments and orders of the Andhra Pradesh High Court and the Andhra Pradesh Administrative Tribunal	 raise a common question: Whether it is permissible for the State Government of Andhra Pradesh to enforce sub r. (2) of r. 5 of the Andhra Pradesh Revised Scales of Pay Rules	 1969 (hereinafter referred to as 'the Rules ') issued by the State Government under proviso to article 309 of the Constitution. That depends on whether the Government is competent to withhold the Selection Grade pay scales contrary to FR 22(a) (ii) to which the respondents were entitled on their being appointed to Selection Grade posts. The Government tries to justify such fixation of pay at a lower level than the minimum of the Selection Grade pay scales on the basis that it was to ensure that seniors holding higher posts do not draw in such higher posts a pay less than what is drawn by their juniors in the lower posts in the Selection Grade. The litigative propensities of the Government know no bounds. The Government still assumes that it is within their powers to fix the pay of the respondents lower than the minimum of the pay scales of the Selection Grade posts to which they were promoted although the High Court has unequivocally struck down the impugned sub r. (2) of r. 5 of the Rules as ultra vires the State Government being violative 933 of articles 14 and 16 of the Constitution and being contrary to FR 22 (a) (ii). It is somewhat unfortunate that the Government should have embarked upon this course of action	 thereby subjecting thousands of their employees into this fruitless litigation	 which is nothing but an exercise in futility	 resulting in wasteful expenditure of public money. We wish to impress upon the Government that they are in duty bound to respect the judgments and orders of the courts pronouncing upon the constitutional validity of the various rules	 orders and notifications issued by the Executive. To bring out the point involved	 it is necessary to state a few facts. By G.O. MS. 173	 Finance	 dated June 13	 1969	 the State Government issued the Andhra Pradesh Revised Scales of Pay Rules	 1969	 providing for revision of pay and creation of Selection Grade posts	 the number of such Selection Grade posts for every category being limited to 15% of the total number of posts in that category with a view to implement the recommendations of the One man Pay Commission appointed for the purpose. The Selection Grade scale was fixed by adding three increments to the maximum of the revised scale of pay. The pay scales for the Selection Grade so fixed were found to have a higher start than the minimum pay prescribed for the next higher category of posts. Some of the senior persons holding permanent posts in one category	 but holding posts in the next higher category on promotion were found to draw less pay in the higher posts as compared to their juniors in the lower category who were given the Selection Grade scale of pay. The Government felt that this would result in serious discontentment among the senior employees holding higher posts but drawing less pay than the minimum prescribed for the Selection Grade in the lower category. At a meeting of the Secretaries to Government held on June 24	 1969	 it was decided to set right this anomalous position	 by the issue of an executive order. Consequently	 the Government issued a departmental instruction in U.O. Note No. 808/PC/69 I dated July 26	 1969	 directing that the pay of an employee placed in the Selection Grade shall be so fixed as not to exceed the pay of his seniors working in the higher post on promotion. Para 3 (iii) of the U.O. Note was as follows: (iii) Since in many cases	 the minimum of the 'selection grade ' is higher than the minimum of the next higher grade	 there is a possibility of a junior appointed to 'selection grade ' hereafter drawing more pay than his senior who has already been promoted to higher grade. With a view to avoid such an anomaly	 it will be necessary to prescribe that a person promoted to a 'selection grade ' shall draw the minimum of the remedy was by way of an appeal. That judgment has attained a 934 promotion category should be drawing less than such mini mum his pay shall be limited to the pay being drawn by such senior	 in his own scale. The direction contained in para 3(iii) of the aforesaid U.O. Note was struck down by Chinnappa Reddy	 J. in section A. Prabhakar & Ors. vs Government of Andhra Pradesh by his judgment dated December 26	 1973	 on the ground that the executive instruction could not pre vail over FR 22(a) (ii) and secondly	 fixation of pay at anything lower than the minimum of the scale of pay sanctioned for the Selection Grade posts was violative of articles 14 and 16 and was also contrary to the Directive Principles of State Policy enshrined in article 39 of the Constitution	 according to which there shall be equal pay for equal work. The learned Judge was of the view that the Government having created Selection Grade posts carrying a certain scale of pay and having appointed persons to those posts	 it was not open to them to allow that pay to some and deny to others on the ground that their seniors working elsewhere were not drawing the same scale of pay. The Government preferred a Letters Patent Appeal against the judgment of Chinnappa Reddy	 J.	 and made a grievance that while the writ petition was pending the offending U.O. Note (No. 808/PC/ 69 I dated July 26	 1969) had been substituted by sub r. (2) of r. 5 of the Rules issued under GO MS 215	 Finance	 dated September 5	 1973	 with retrospective effect from March 19	 1969. That being so	 the Division Bench dismissed the appeal observing that the appropriate remedy was to file a review petition. Against the judgment of the Division Bench	 the Government preferred a petition for grant of special leave in the Supreme Court under article 136 of the Constitution	 being SLP (Civil) No. 1878 of 1975 and this Court issued a show cause notice to the respondents on September 28	 1975. But the Special Leave Petition was ultimately dismissed as withdrawn on October 27	 1978	 in view of the fact that a review petition had been filed. Sub r. (2) of r. 5 of the Rules	 inserted by G.O. MS. 215	 Finance	 dated September 5	 1973	 reads: (2) Notwithstanding anything contained in sub rule (1) or any other rule relating to fixation of pay	 if a person in any post is promoted or appointed to the selection grade in that post he shall draw the minimum of such selection grade provided that if any of his seniors	 who is promoted or appointed by transfer to a higher post	 draws a pay in that 935 higher post less than such minimum	 his pay shall be limited to the pay so drawn by his senior. Explanation. For the purpose of this sub rule	 a person shall be deemed to be a senior to another even though both of them belong to two different classes	 categories/grades	 provided these two are sources for promotion or appointment by transfer to a higher post. In D. Krishnamurthy & Ors. vs State of Andhra Pradesh & Anr. (Writ Petition No. 4459 of 1972)	 Muktadar	 J.	 by his judgment dated August 12	 1974	 struck down the rule as it was violative of articles 14 and 16 of the Constitution. The learned Judge observed that in view of the decision of this Court in B. section Vadera vs Union of India	 Ors it was settled law that rules framed under the proviso to Art 309 of the Constitution	 whether retrospective or prospective in effect	 must be enforced	 if framed by the appropriate authority	 unless it can be shown that the rules so framed are in violation of any of the rights guaranteed under Part III or any other provision of the Constitution. He was of the view that sub r. (2) of r.5 of the Rules does not satisfy the test because it takes away the rights to equality before the law and equality of opportunity in matters of public employment	 guaranteed under articles 14 and 16 and was	 therefore	 void and unconstitutional. He was dealing with the case of Deputy Tahsildars in the Nizamabad District who were promoted to the Selection Grade but could not draw their pay of Selection Grade because it exceeded the pay of their immediate seniors working as Tahsildars	 by reason of sub r. (2) of r.5 of the Rules. The learned Judges observed that if FR 22(a) (ii) was applicable	 and there was no reason why it should not be made applicable	 the pay of the Deputy Tahsildars in the Selection Grade could not be fixed at less than Rs. 500 which was the minimum of the time scale fixed for the Selection Grade of Deputy Tahsildars. According to him	 sub r. (2) of r.5 was per se discriminatory because a Deputy Tahsildar in the Selection Grade with no seniors promoted to a higher post could draw minimum pay of such Selection Grade; but a Deputy Tahsildar in the Selection Grade who unfortunately had a senior promoted to a higher post who drew a pay in that higher post which was less than the minimum of the scale of pay of Selection Grade Deputy Tahsildar	 could not draw more pay than that drawn by his senior	 although he was performing the same duties and discharging the same responsibilities attached to such Selection Grade posts for which higher emoluments had been prescribed. The learned Judge observed: "To put in the words Chinnappa Reddy	 J. it amounts to denial of the 936 principle of 'equal pay for equal work ' enshrined in article 39 of the Constitution as one of the Directive Principles of State Policy and violates articles 14 and 16 which guarantee equality before the law and equal opportunity in the matter of public employment." The appellant	 in the supplementary affidavit filed by the Deputy Secretary to Government of Andhra Pradesh	 Finance and Planning: Department (Finance Wing) admits that the judgment of Muktadar	 J.	 in Krishnamurthy 's case supra had become final because steps were not taken in time to go in appeal; but	 nonetheless	 asserts that since the matter before the learned Judge related to Selection Grade Deputy Tahsildars	 it was wrong to suggest that all the judgments of the High Court involving a similar question had become final	 or that the Government had lost its right of appeal in other similar matters. We are really at a loss to appreciate this attitude on the part of the Government in showing scant respect to the High Court although the judgments had become final and the point involved was one and the same. There has been total failure on the part of the Government to realise that the replacement by sub r. (2) of r.5 of the Rules	 of the executive instruction contained in the U.O. Note	 does not cure the constitutional vice inherent in the governmental action. This is nothing but a plea of justification for the Government had	 in the meanwhile	 on the strength of the offending U.O. Note and sub r. (2) of r. 5	 promoted thousands of their employees to Selection Grade posts in different departments	 but fixed their pay at a point lower than the pay drawn by their seniors in the next higher grade. There have been several judgments of the High Court and of the Andhra Pradesh Administrative Tribunal on writ petitions filed by the persons so affected. The Government	 instead of following a uniform policy	 have refixed the pay of some of the employees holding Selection Grade posts	 in compliance with the directions of the High Court	 but declined to do so in the case of others on the pretext that the re fixation would be done only in the case of employees who have secured such directions. It is impressed upon us that the Government wants a decision on merits as the matter involved a question of principle. We were asked to determine the validity of sub r. (2) of r.5. It was urged that the Government wants a clear pronouncement on the extent of their powers in the matter relating to fixation of pay of a person appointed to the Selection Grade	 in accordance with sub r.(2) of r.5. We are afraid	 the question does not arise in these appeals. It is quite clear from the judgments under appeal that the validity of sub r. (2) of r.5 was not in question. We are constrained to observe that if the Government wanted 937 to question the correctness of the judgment in D. Krishnamurthy 's case	 the 'selection grade ' provided that if his senior in the higher finality which cannot now be upset. In that judgment	 Muktadar	 J.	 struck down sub r. (2) of r.5 as ultra vires the Government as being violative of articles 14 and 16 of the Constitution and as being not in conformity with FR 22(a)(ii). The effect of the judgment of Muktadar	 J.	 in Krishnamurthy 's case (supra) is that sub r. (2) of r.5 is wiped out for all purposes and the re fixation will have to be done as if sub r. (2) of r. 5 never existed. The whole attempt of the Government in filing these appeals is to retrieve the lost ground which cannot be permitted. In the result	 the appeals and the special leave petitions are dismissed. There shall be no order as to costs. N.V.K. Appeals & Petitions dismissed.

To implement the recommendations of a one man Pay Commission	 the State Government issued the Andhra Pradesh Revised Scales of Pay Rules 1969 providing for the revision of pay and creation of selection grade posts. The selection grade scale was fixed by adding three increments to the maximum of the revised scale of pay. While implementing the pay scales	 the Government realised that a senior holding a permanent post in one category but holding a; post in the not higher grade on promotion would draw less pay in the higher post than a junior in the lower category who was given the selection grade. To avoid the anomalous situation thus created the Government by an executive order direct ed that the pay of an employee placed in selection grade shall be so fixed as not to exceed the pay of his senior working in the higher post on promotion. This executive instruction was struck down by the High Court as being violative of Articles 14 and 16 and also on the ground that the executive instruction could not prevail over Fundamental Rule 22 (a) (ii). The Government thereupon introduced Rule 5(2) in the Rules with retrospective effect from the date of the original order. In D. Krishnamurthy & Ors vs State of Andhra Pradesh & Anr. this rule was struck down by the High Court as being violative of Articles 14 and 16. No appeal was	 however	 preferred from the judgment of the High Court striking down the rule. Instead of following a uniform policy in revising the pay of all employees in compliance with the direction of the High Court	 the Government re fixed the pay of some of the employees holding selection grade posts but declined to do so in the case of others on the ground that the re fixation would be done only in the case of employees who had secured such directions. In the appeals by the Government to this Court it was contended that it was wrong to suggest that since no appeal had been preferred against the judgment of the High Court in D. Krusgbanurthy 's case all the judgments of the High Court involving a similar question had become final become D. Krishnamurthy 's case related to an altogether different category of employees of the State Government. 931 Dismissing the appeals	 ^ HELD: 1. When the High Court issues a writ	 direction or order under article 226 of the Constitution	 it is not open to the State Government to implement the decision with regard to some and deny relief to others	 although they belong to the same class of persons	 and are equally governed by the principles laid down. The State Government is expected to adopt a uniform policy In regard to all its employees. [936 C D] 2. Replacement of an executive instruction by the State Government by a rule framed under article 309 of the Constitution	 for the fixation of pay of a person promoted to the Selection Grade at a stage lower than the minimum of the scales of pay of such Selection Grade so as not to exceed the pay of his seniors working in the higher posts on promotion	 does not cure the constitutional ice inherent in the Government action as the provision is violative of articles 14 and 16 of the Constitution. [935 G H] 3. The judgment of the High Court	 by which sub r. (2) of r. 5 of the Andhra Pradesh Revised Scales of Pay Rules	 1969 having been struck down as offending articles 14 and 16 of the Constitution and as being not in conformity with FR 22(a)(ii) not having been appealed from	 had attained a finality and the re fixation of pay	 if any	 had to be done as if sub r. (2) of r. 5 never existed [937 B] 4. It is not open to the Government to question the correctness of the judgment of the High Court when it had attained finality	 particularly when in compliance with the directions	 it had re fixed the pay of some of the employees in the Selection Grade posts	 on the pretext that the right of appeal was not lost in the case of others in respect of whom no such direction has been issued. At any rate	 the point not having been taken before the High Court	 could not be allowed to be raised for the first time under article 136 of the Constitution. [936 H]