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 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 of Arts. 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.

3. 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 t