( 1 ) RULE. Mr. K. M. Mehta learned AGP appears for Respondent Nos. 1 to 3 and waives service of Rule.

( 2 ) IN this petition Annex. A order of respondent no. 1 dated 11. 1. 1994 is under challenge. The order withdrawing present emoluments suffers with the vice of non-application of mind or shows gross arbitrariness in dealing with its employees by the respondents. It states that those workcharge employees who are drawing Rs. 950/- as fixed pay + variable DA are to be fixed at the minimum of pay scale of Rs. 75s12-940. Even the maximum of pay scale in which such persons are sought to be fixed by Annex. A order is less than the pay which were being paid by the employees as daily-rated workers. On the other hand State in addition to basic pay is paying DA to all its employees as a matter of policy and by the impugned order it is sought to reduce the pay which was being already paid to the daily rated workmen on their being regularised in the pay-scale. The order is not sustainable on this ground alone.

( 3 ) THE plea of respondents that as the workmen have not completed 15 years of service they have been fixed in pay-scale of Rs. 750-940 at its minimum as per the resolut