Honble MADAN, J. — Heard learned counsel for the petitioner. The contentions as advanced by the learned counsel for the petitioner are in the matter of fixation of pay scale of the petitioneer who is governed by General Insurance (Rationalisation & Revision of Pay Scales and Other Conditions of Service of Supervisory, Clerical and Subordinate Staff) Amendment Scheme, 1985 (for short "Amendment Scheme, 1985").

(2). The facts giving rise to this writ petition, briefly stated, are that the petitioner, who is presently working as Assistant Administrative Officer with respondent-corporation, was initially appointed as Assistant/Typist w.e.f. 22.8.1979 in the office of non-petitioner No.2 viz. United India Insurance Copy. Ltd., Jaipur. As on the said date the petitioner was senior-most in terms of the seniority as compared to the following four employees of the Corporation who were also appointed as Assistants on the dates noted against their respective names—

S.No. Name of Person Presently working Date of appointment

1. Shri H.S. Meena, AAO Branch Office, Amba Bari, Jaipur. 29.12.79

2. Shri R.K. Nagpal, Senior Asstt. Branch Office, 1st, Jaipur 14.6.80

3. Shri R.K. Jain Stenographer D.C. II, Jaipur 16.6.80

4. Shri A.K. Sharma Senior Asstt. Branch Office, Dausa 24.6.80

Accordingly the abovenamed officials happened to be junior to the petitioner in terms of their respective dates of appointment. The petitioner as well as the persons referred to above, were initially appointed in the same pay-scale of Rs. 175-10-235-15-295-20-395-EB-25-495-30-675. As a result of rationalisation and revision of pay scales and other service conditions of supervisory and ministerial staff of the Corporation in persuance of the Amendment Scheme of 1985 which became effective w.e.f. 15.10.1985, revised pay scales were introduced and made effective w.e.f 1.4.1983. The petitioner as well as other employees were accordingly brought in the pay scale of Rs. 520-30-670-45-850-60-1210-75-1660. The employees were given two options for acceptance of the revised pay scales by the Corporation, namely, they were required either to opt from 1.4.83 or from 15.10.85, as the case may be. The petitioner opted revised pay scale of Rs. 520-1660 as referred to above w.e.f. 1.4.83. At the relevant time the basic pay of the petitioner in the old scale was Rs. 225/- p.m. whereas his juniors were getting Rs. 215/- p.m. as basic pay. The Corporation had further guaranteed the minimum fitment benefit of Rs. 50/- to alll those employees who were falling in the category of the petitioner in terms of the revised pay scales as a result of which the Amendment Scheme of 1985 as referred to above. It has been further contended in the writ petition that the petitioner who opted for the revised New Pay Scale w.e.f. 1.4.1983 was fixed at Rs. 805/- (Basic pay) in the revised pay scale of Rs. 520-1660; whereas the employees who were juniors to the petitioner in the ministerial grade as referred to above, had opted for revised pay scale w.e.f. 15.10.85. The situation, therefore which emerged as on 15.10.85 was as follows: —

Petitioners pay His juniors pay referred to para 4 of the petition.

Rs.265.00 Old Basic Rs. 250.00 old Basic

Rs. 1264.20 D.A. Rs. 1264.20 D.A.

Rs. 1529.20 Rs. 1514.20

Rs. 50.00 minimum firment benefit Rs. 50.00

Rs. 1579.20 Rs. 1564.20

Revised New Pay Scale of the petitioner Revised New Pay Scale of his juniors referred to para 4 of the writ petition.

Basic Rs. 970.00 Rs. 910.00

DA. Rs. 649.90 Rs. 1619.90 Rs. 635.16

Rs. 1545.16

On adding increment in basic pay of the juniors since their pay fall short of Rs. 1564.20, their basic pay became as under:

Basic Rs. 970.00

D.A. Rs. 649.90

Rs. 1619.90

(3). Notwithstanding the above revision of pay scales the respondents committed material irregularity in the matter of pay fixation of the petitioner qua other employees similarly placed by not taking note of salient fact that on the next date of their annual increment which fell due in December, 1985 and

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