Equality of opportunity in matters of employment applies to variations in provisions as between members of different classes of employees under the State, not between members of separate, independent classes.

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 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. 900-50-1500.

2. Apart from these various Rules which, from time to time, w