Short Note : This is a petition under Art. 226 of the Constitution of India by one Surjansingh, a Warder in the Mental Hospital, Gwalior, for a writ in the nature of mandamus, directing the State Government to revise his pay scale to Rs. 60-1-70-1-80 in accordance with the M.P. Revision of Pay Rules, 1961. 2. The petitioner was a Warder in the Mental Hospital, Gwalior. The pay scale of Warders of the Mental Hospital was fixed in the grade of Rs. 30-1-45 in the erstwhile State of Madhya Bharat. After the formation of the new State of Madhya Pradesh pay scales of all Government employees were unified and later on revised. The petitioner was, undoubtedly, an 'allocated Government servant', as defined in rule 2(a), but he declined to exercise option under rule 8(a) within the period prescribed therein, i.e., within six months. The result was that the petitioner continued to remain on his pre-unified scale of Rs. 30-1-45. Held: With reference to rule 2(7) of the M.P. Revision of Pay Rules, 1961, the State Government sanctioned certain posts specified in column 1 of the Schedule appended to the Government of M.P., General Administration Department Memorandum No. 510/299/IPC, dated 19th December, 1961. The Revised Scales of pay were as specified in column 3 of the Schedule corresponding to the existing, i.e., Unified Scales of pay mentioned in column 2 thereof. In the establishment of the department of Public Health, as finalised and communicated to the Superintendent, Mental Hospital, Gwalior, on 15-11-61, there was no provision for Warders. The Director of Health Services, M.P., Indore, however, by his endorsement dated 15-11-61, stated that the post Head Warder has been designated as Head Attendant and that Warders have been designated as Attendants. That being so, the petitioner could only be brought on the grade of attendants, i.e., Rs. 55-1-65. We must, however, point out that this would result in injustice inasmuch as the pre-unified Scale of Attendants was Rs. 25-1-35. The State Government in their return have stated that the representation made by the Warders of the Mental Hospital, Gwalior, is under consideration. The State Government has ample powers to make necessary relaxation in the matter of revision of pay scales. The Unified Scale of Pay of the Warders of the Mental Hospital was Rs. 30-1-45, i.e., higher than that of Attendants. The State Government has ample powers to make necessary relaxation in the matter of revision of pay scales. The Unified Scale of Pay of the Warders of the Mental Hospital was Rs. 30-1-45, i.e., higher than that of Attendants. It must be remembered that the only rationale for revision of any scale of pay is that emoluments should be similar of posts, if duties and qualifications of such posts are identical. It is needless to stress that the nature of duties and responsibilities of Warders in the Mental Hospital are much more onerous than that of attendants in other hospitals. This may be kept in view by the Government. Under rule 13 of M.P. Unification of Pay Scales and Fixation of Pay on Absorption Rules, 1959, the State Government have the power to relax or suspend the operation of any of the provisions of these rules in the case of an employee or category of employees of Government in such manner and to such extent as may appear to be just and equitable or necessary or expedient in the public interest provided that such relaxation or suspension shall not operate to the disadvantage of the employee concerned. Observation made. Petition dismissed.