Under these Rules, the appellant became a member of the Rajasthan Secretariat Service hereinafter referred to as the R.S.S. He was, at that time, holding the post of an Assistant Secretary which carried the time scale of Rs.
309 of the Constitution of India, promulgated Rajasthan Civil Services Rationalisation of Pay Scales Rules and Schedules, 1956.
This procedure was adopted under the Government instructions.
The posts of Assistant Secretaries were shown as belonging to the ordinary time scale of the R.S.S., carrying the grade of Rs.
75/ per month.
5001 or a minimum increase of Rs.
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.
475/p.m. in the ordinary time scale of the R.S.S. and was also getting a special pay of Rs.
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.
Consequently, on his appointment as Deputy Secretary, which was a selection post for the R.S.S., his salary was fixed at Rs.
On that date, he was drawing a salary of Rs.
360 25 560 30 590 EB 30 860 900.
He was also drawing a special pay of Rs.
In the remarks companyumn, there was a numbere that, on promotion as Deputy Secretary, an Officer will receive Rs.
100/ .
Subsequently, the grades for the posts of Dy.
75/ , as he was holding the post of an Assistant Secretary to Government.
By the numberification dated 25th May, 1956, the Rajpramukh, again acting under Art.
274 of 1967.
250 25 400 EB 25 500.
150/ on his basic pay as Assistant Secretary whichever is higher.
Under these Rules, the grade applicable to Assistant Secretary to Government belonging to the R.S.S. was prescribed as Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Rules also indicated that this revised scale had been prescribed as a result of merging the special pay in the grade pay itself.
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.
A Deputy Secretary to Government drew pay in the scale of Rs.
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 companystituted as a State.
500 30 740 EB30 800 50 900 without special pay was prescribed for these selection posts.
These were the Rules in force when, on 10th January, 1959, the appellant was appointed as Deputy Secretary.
C. Kasliwal, Advocate General for the State of Rajasthan and K. Baldev Mehta, for the respondent.
250 25 400 E.B. 25 500 and was, in addition, entitled to a special pay of Rs.
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 these Rules, the grades of pay applicable to Deputy Secretaries and Assistant Secretaries were revised.
500 25 700 and was, in addition, entitled to a special pay of Rs.
Under those Rules, an Assistant Secretary to Government drew pay in the scale of Rs.
Brijbans Kishore and D. P. Gupta, for the appellant.
The grade for Deputy Secretaries to Government was also revised to Rs.
336 of 1964.
550 30 820 EB 30850 50 1 100.
