Judgment

SEN, J.:- This and the connected 133 appeals by special leave and seven special leave petitions directed against various judgements 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-rule (2) of Rule 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.

2. The litigative propensities of the Government know no bounds. The Government still assumes that it is within their powers to fix the pa