Judgement GOSWAMI, C. J.:- This application under Article 226 of the Constitution is made with the prayer for a writ directing the respondents to fix the pay scale of the petitioner in the scale of Rs.550-40-880-EB-45-1100 with effect from 1st April 1964, being the pay scale prescribed for Assistant Director of Cottage Industries redesignated as Industries Officer (District). 2. The Petitioner was appointed as an Assistant Director of Cottage Industries on 1st June, 1960. At the time of his appointment, his pay scale was Rs.200-20 300-(E.B.)-20-400-(E.B.)-25-600 per mensem and it was one integrated service. The Government of Assam appointed a Pay Committee and on submission of its report the State Government made the Assam Services (Revision of Pay) Rules, 1964, in exercise of power under Article 309 of the Constitution. The Rules came into force with effect from 1st April, 1964. Prior to the making of these Rules, there was only one pay scale for Assistant Director of Cottage Industries of all categories, whether working in District, headquarters, pilot project or handicrafts section and whether technically qualified or not, but with the revision of the pay scale two different pay scales have been fixed, one for Senior Industries Service (Technical), Grade II and another for Senior Industries Service (Non-technical), Grade II. The petitioner and eleven others, who were Assistant Directors of Cottage Industries, were placed under Senior Industries Service (Non-technical), Grade II and given a revised pay scale of Rs.300-25-450-(E.B.)-30-600-(E.B.)-30-900 in substitution of the earlier scale. The petitioners grievance is that he should be in the Senior Industries (Technical) Grade II, in which case he will be entitled to the pay scale of Rs.550-40-830-(E.B.)-45-1100. It is admitted by the petitioner that only the senior-most Assistant Director of Cottage Industries, who was already posted as project officer in Pilot Project, was given the pay scale of the Senior Industries (Technical) Grade II, and all other officers him were given the non-technical scale. There is, therefore, no question of any discrimination amongst the officers placed in same circumstances. 3. There is, therefore, no question of any discrimination amongst the officers placed in same circumstances. 3. The learned Senior Government Advocate has drawn our Attention to para 4 of the counter affidavit of the Secretary to the Government of Assam (Respondent No.2) wherein the following facts are asserted:- "Recently two posts in the scale of pay of 550 to Rs.1100/- under technical grade II of the Senior Industries Service have been created and appointments to these posts have been advertised through the Assam Public Service Commission. This position is admitted by Mr. Bhattacharjee, who also informs us that the appointments have since been made. There is, therefore, no foundation for any grievance chat the petitioner has not been given the scale of pay of Technical Grade II. 4. Mr. Bhattachariee submits chat Rule 6 of the Assam (Revision of pay) Rules, 1964, entitles the petitioner to the Senior Technical Grade II scale of pay which, according to the learned Counsel, is admissible for an Assistant Director of Cottage Industries serving in the District Rule 6 reads as follows: "Save as otherwise provided in these rules, a Government servant who is in service on the 31st March, 1964, or who may have been appointed on or after the 1st April, 1964, shall draw pay in the revised scale applicable to the post/service which he has been holding or to which he many have been appointed, as the case may be, provided that a Government servant who is in service on the 31st March, 1964 or who enters service on or after 1st April, 1964 but before the date of publication of these rules, may, at his option, continue to drew pay in the existing scale until the date on which he earns his next or any subsequent increment in the existing scale or until he vacates his post or ceases to draw pay in that scale" 5. Under Rule 6, a Government servant who was in service on the 31st March, 1964, "shall draw pay in the revised scale applicable to the post which he has been holding." The petitioner did not and indeed could not hold a post equivalent to one carrying now the Senior Technical Grade II scale of pay as such a post did not exist prior to the promulgation of the Rules. Instead of the earlier one Integrated class of Assistant Director of Cottage Industries, two cadres were created under the Revised Rules - one technical and the other non-technical. It is, therefore, open to the Government to fill up the newly created technical cadre in the senior industries service with persons of requisite qualification, skill and experience and the petitioner cannot claim as of right to have been automatically appointed to such a cadre the moment the Rules have been brought into force. Again because the petitioner, as Assistant Director of Cottage Industries, happened to be stationed at District Headquarters he cannot, for that sole reason, claim to be the newly designated Industries Officer (District) in the Senior Technical, Grade II under the aforesaid Rules. The submission of the learned Counsel resting on Rule 6 is of no avail. The petitioner is, therefore, not entitled to the scale of pay of the Senior Industries Service (Technical) Grade II as claimed. 6. There is thus no merit in this application which is dismissed with costs. Counsels fee; Rs.100/-. The Rule is discharged. 7. B. S. BINDRA, J.: I agree. 8. BAHAJRUL ISLAM, J.: I agree. Application dismissed.