JUDGMENT

The delay is condoned and special leave is granted.

2. The respondent was appointed as a teacher in 1972. He has claimed his salary in the pay scale of Rs. 160-360/-per month which was refused by the appellant State. He made an;application under Art.226 of the Constitution of India in the High Court of Rajasthan which was allowed by the impugned judgment.

3. Admittedly, the aforesaid pay scale of Rs. 160-360/ - per month is allowed to trained teachers. Since the petitioner was not trained, he was appointed at the fixed rate of Rs. 130/ per month until he became trained.

4. The matter is admittedly governed by the provisions of Rajasthan Civil Services (New Pay Scales) Rules 1969 read with Education Subordinate Service Rules, 1971. It may, however, be stated that the scales have been revised subsequently. The amount of Rs. 130/ - per month was fixed as the salary of the respondent in accordance with the provisions in the Schedule which reads as follows:-

"Freshly recruited untrained graduates in this scale will receive fixed pay of Rs. 130/-until he gets trained."

The above provision has been struck down by the High Court in part on the ground of illegal discrimination and the ap