JUDGMENT

M.N. Bhandari, J. - By this writ petition, a challenge is made to the order dated 30th August, 2005 to amend the Rajasthan Work Charged Employees Revised Pay Scales Rules, 1998 (for short "the Rules of 1998") for the post of Supervisor (Stores). A further challenge has been made to the orders for recovery of excess payment.

2. It is stated that the petitioners were initially appointed on the post of Munshi (Grade - I). They were given benefits of selection scale, as was available to them. It was given as per the Rules of 1998. They were given pay-scale of Rs.5000-8000 with consequential benefits on grant of first selection scale. The second selection scale was given in the pay-scale of Rs.5500-9000.

3. The non-petitioners issued an order on 30th August, 2005 to revise the pay scale of Rs.5000-8000 to 4000-6000 for the post of Supervisor (Stores). It is in ignorance of the fact that while revising pay-scales under the Rules of 1998, the pay scales of Rs.1200-2050 and 1400-2600 were merged and corresponding pay scale of Rs.5000-8000 was given. It was for the post of all the Supervisors thus it was irrespective of the post of Supervisor (Stores), Supervisor (Civil) or Supervisor (Mechanic), etc.

4. It seems that the Supervisors working in nine different departments were brought under one pay scale by merging different pay scales. The non-petitioners have revised the pay scales of Supervisor (Stores) from Rs.5000-8000 to Rs.4000-6000 without touching pay-scale of other Supervisors i.e. Supervisor (Civil), Supervisor (Mechanic), etc. thus discrimination has been made by the order dated 30th August, 2005, that too, in pursuance of the benefits given by the PWD, not by the Irrigation Department. According to the Finance Department, certain benefits were given contrary to the Rules but it was by the PWD while the petitioners belong to the Irrigation Department. The impugned order has been issued in violation of Article 16 of the Constitution of India.

5. Learned Additional Advocate General Mr.JM Saxena has supported the amendment. It is submitted that the post of Supervisor was existing with different nomenclature in different departments. In the Irrigation Department, post of Supervisor (Civil) and Supervisor (Stores) exists. An order to give higher pay scale to the post of Supervisor was issued on 31st December, 1997 wherein the pay-scale of Rs.1400-2600 was given to those having Polytechnic Diploma. For others, it was the pay-scale of Rs.1200- 2050. The corresponding pay scale of Rs.1400-2600 pursuant to the Rules of 1998 was Rs.5000-8000 and, erroneously, it was also given even to those who were in the pay-scale of Rs.1200-2050 thus necessary amendment was made to rectify the error. The consequential effect in terms of recovery has to be made. The prayer is accordingly to maintain the order under challenge so as the order for challenge to recovery of the amount, paid in excess to the petitioners.

6. We have considered rival submissions made by learned counsel for the parties and perused the record.

7. The documents on record show that petitioners were initially appointed on the post of Munshi (Grade-I) in the year 1978. As per the Circular of Government of Rajasthan dated 25th January, 1992, they become entitled to first, second and third selection scales. The selection scale is to be given in the pay scale of the promotional post and, in this case, promotional post was the post of Supervisor (Stores). The Supervisor (Stores) was initially having the pay scale of Rs.385-650. It was revised from time to time. A revision in the pay scale was made even vide order dated 31st December, 1997. It was for the post of Supervisor without indicating it to be for the Civil or Stores. No doubt, it is true that two pay scales were existing at that relevant time. One was of Rs.1400-2600 and other was in the pay scale of Rs.1200-2050. The pay-scale of Rs.1400-2600 was admissible to Polytechnic Diploma holders and, for others, lower pay-sc