Judgement

BHARGAVA, J.:- 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 not