JUDGMENT 1. - In this petition filed under Articles 226 and 227 of the Constitution, the petitioner Shri Maniram Rachecha, has challenged the validity of the Rajasthan Civil Service (New Pay Scale, ) Rules, 1969 in so far they relate to revision of the pay scales of Blasters and has also prayed for the issue of a writ of mandamus directing the respondents to fix the revised pay of the petitioner in the scale of Rs 180-425 with effect from 1st September, 1968 and for a direction regarding payment of arrears of pay due to the petitioner as a result of the aforesaid revision in the pay scale. 2. The petitioner, after passing his High School Examination from the Board of Secondary Education, Ajmer in the year 1962, joined service in the Rajasthan State Electricity Board, Jaipur, and subsequently he was transferred to the Education Department of the Government of Rajasthan. The Government of Rajasthan issued an advertisement inviting applications from persons for undergoing training in blasting / drilling under the auspices of the Rajasthan Ground Water Board, Jodhpur. In response to the said advertisement, the petitioner submitted hit application and he was selected for receiving the training as blaster for the 1967-68 session. After successful completion of the training as blaster in 1968, the petitioner was awarded the certificate Proficiency by the Rajasthan Ground Water Board, Jodhpur. By order dated 4th July, 1968, the petitioner was appointed as blaster in the scale of Rs. 120-385. By order dated 5th July, 1972, the appointment of the petitioner on the post of blaster was confirmed with Reflect from 1st June, 1970. By subsequent order dated 4th January, 1975, the date of confirmation of the petitioner on the post of blaster was changed from 1st June, 1970 to 15th February, 1972. By the Rajasthan Civil Service (New Pay Scale) Rules, 1969 (hereinafter referred to as the 1969 Rules) promulgated by the Governor of Rajasthan on 28th January, 1969, in exercise of the power conferred by the proviso to Article 309 of the Constitution, the new pay scale for blasters was divided into two categories : the pay scale of Rs. 180-425 was prescribed for diploma holders from polytechnic or equivalent qualifications : and the pay scale of Rs. 130-300 was prescribed for I. T I certificate holders. 180-425 was prescribed for diploma holders from polytechnic or equivalent qualifications : and the pay scale of Rs. 130-300 was prescribed for I. T I certificate holders. By the Rajasthan Civil Service (New Pay Scale) Amendment Rules, 1970, the 1969 Rules were amended and it was laid down that the scale of Rs. 130-300 will be admissible to (i) a person. promoted from lower post in the Department and (ii) a direct recruit holder of I.T.I, certificate. After promulgation of the 1969 Rules the pay of the petitioner was fixed in the scale of Rs. 130-300 with effect from September 1, 1968. The petitioner made representations to the State Government for his pay being fixed in the revised scale of Rs. 180-425 but the said representations were not accepted and thereupon the petitioner has filed this writ petition. 3. Shri V. S. Dave, the learned counsel for the petitioner has submitted that all persons employed as blasters constitute one class and the 1969 Rules, as amended by the 1970 Rules, in so far as they divide the blasters to two categories on the basis of the qualifications held by them prior to their appointment for the purpose of revision of pay scales is violative of the provision of Articles 14 and 16 of the Constitution. In support of the aforesaid contention, the learned counsel for the petitioner has placed reliance on the decision of this court in F. C. Puri v. State of Rajasthan, 1975 WIN (Un reported Cases) 22 . In the alternative, the learned counsel for the petitioner has submitted that the qualification held by the petitioner were equivalent to a diploma from any polytechnic and therefore, even under the 1969 Rules as amended by the 1970 Rules, the revised pay of the petitioner ought to have been fixed in the scale of Rs. 180-425. 4. On behalf of the respondents, the learned Deputy Government Advocate has submitted that the "decision of this Court in F.C. Puri The State of Rajasthan is not applicable to the present case and further that in the said case, this court had not struck down the rule which was under challenge on the ground that it was violative of Article 14 of the Constitution. 5. The recruitment to the post of Blaster was earlier, governed by the Rajasthan Subordinate Services (Recruitment and other Service Conditions) Rules, 1960. 5. The recruitment to the post of Blaster was earlier, governed by the Rajasthan Subordinate Services (Recruitment and other Service Conditions) Rules, 1960. In exercise of the powers conferred on It under the proviso to Rule 2-A(l) of the aforesaid rules the State Government had prescribed the qualifications for the purpose of promotion and direct recruitment to the Cadre post of blaster and the equation of such qualifications, as under : S.No. Nameof the Post Source ofrecruitment with age post for whichpromotions is given Qualificationsfor promotion Qualificationsfor direct recruitment 11 Blaster 75% by directrecruitment 25% by promotion. Borer Matriculateor proficiency certificate in Blasting from a recognisedinstitution, practical experience as borer having done 5000holes drilling. (i)Diploma in Mechanical Engineering or (ii)Proficiency certificate of Blaster having done 8000 holesdrilling and blasting (iii)Matriculate with practical experience as borer having 8000 holesdrilling and blasting. Subsequently, the Government made the Rajasthan Ground Water Subordinate Rules, 1973 for regulating the recruitment to the post in, and the conditions of service of persons appointed to the Rajasthan Ground Water Subordinate Service The post of Blaster has been included in the Rajasthan Ground Water Subordinate Service. The said Rules have reproduced the qualifications which were prescribed for promotion at well as direct recruitment for the post of Blaster in the 1970 Rules. Perusal of the aforesaid qualification prescribed for direct recruitment for the post of Blaster shows that a matriculate with practical experience as borer having 8000 holes drilling and blasting and the holder of a proficiency certificate of Blasting have done 8000 boles drilling and blasting, have been equated with the persons holding a diploma in Mechanical Engineering for the purpose of recruitment. 6. In solar as the pay scale of Blasters is concerned under the order of the State Government dated "24th July, 1952, they were having the scale of Rs. 90-120-160. by the Rajasthan Civil Services (Rationalisation of Pay Scale) Rules, 1956, which came into force with effect from 1st March, 1956, the scale of pay for the post of Blaster was rationalised to 80-140-200. In 1961 the State Government made the Rajasthan Civil Services (Revised Pay Scales) Rules, 1961, and under the said Rules, the scales of pay for the post of Blaster was prescribed as 115-335. In 1961 the State Government made the Rajasthan Civil Services (Revised Pay Scales) Rules, 1961, and under the said Rules, the scales of pay for the post of Blaster was prescribed as 115-335. The 1961 Rules were amended in 1966 with effect from 1st April, 1966 and as a result thereof the amended scale of pay for the post of Blaster was prescribed as 120-385. Thereafter, the 1969 Rules were framed whereby the new pay scale for the cadre post of Blisters were fixed and the cadre was divided into two categories, one falling in the pay scale of Rs 180-425 and the other in the pay scales of Rs. 130-300 on the basis of the qualifications by the employees 7. It will thus be seen that prior to the framing of the 1969 Rules all persons employed as Blasters were treated as one class for the purpose of fixation of pay and it was only for the first time by the 1969 Rules that Blasters have been divided into two classes for the purpose of fixation of their pay. There does not appear to he any rational basis for dividing into two separate classes, for the purpose of fixation of pay. persons who earlier constituted one class and were enjoying the same scale of pay. in F. C. Puri v. State of Rajasthan this court had to deal with a similar question involving fixation of pay, under the 1969 Rules, of Assistant Directors in the Forensic Science Laboratory under the Police Department. This court held that, while fixing the revised scale of pay under the Rules 1969, the State Government could not prescribe different pay scales on the basis of academic qualifications and directed the State Government to allow the same revised scale of pay under the 196* Rules to all the Assistant Directors, who were employed in the Forensic Science Laboratory under the Police Department on the date of promulgation of the 1969 Rules. In this context this court has observed:- "Now from a survey of the various cases to which my attention was invited, it is clear that if persons are put in the same grade and then while they continue in the same grade different scales of pay is sought to be prescribed them in the absence of anything more such prescribing of different pay scales persons in the same cadre will not be permissible distinction could be made on the basis of that qualification for promotion to higher cadre. There is only the Assam cases which deals with a situation like the present one where a person is appointed on a post with certain minimum qualification in the exercise of the discretion of the appointing authority. If there are two persons, for one of whom the qualifications are relaxed and the other are both working in the same cadre then normally they have to be given the same pay scales, unless the differential treatment is' justified according to the special needs of the particular post. Learned Additional Government Advocate argued that higher pay scale was prescribed for persons with better qualifications with a view to imparung efficiency in the discharge of duties of incumbents though in the same cadre. The argument is, no doubt, attractive, but there is no case, in which persons who were given the same pay scale at the time of initial entry into service of thereafter as a result of subsequent revisions of pay scale but ultimately at the time of last revision of pay scales differential treatment is accorded to persons in the same cadre to have benefit of the higher revised pay scale, merely because such persons with better academic qualifications If persons are working for a number of years in the same grade then how will the giving of a higher pay scale will impart efficiency to persons with better academic qualification is not easily understandable." The court did not strike down the relevant provisions of Rule 6 and the schedule to the 1969 Rules on the view that different pay scales on the basis of difference in academic qualifications may be applicable for fresh entrants. The observations referred to above are fully applicable to the present case and it must be held that the revised pay of petitioner must be fixed in the scale of 180-425 given to ether persons employed as Blasters on the date of promulgation of the 1969 Rules. 7. Moreover, in the present case, we find that the petitioner is a person who possesses a certificate of proficiency awarded by the Rajasthan Ground Water Board, Jodhpur For the purpose of recruitment the aforesaid qualification held by the petitioner is equivalent to diploma in Mechanical Engineering. If the aforesaid qualification held by the petitioner is equivalent to a Diploma in Mechanical engineering for the purpose of recruitment there is no reason why the said qualification should not be treated as equivalent qualification the purpose of fixation of pay under the 1969 Rules. Therefore, even it is be assumed that the division of Blasters into two categories for the purpose of revision of pay under the 1969 Rules, is valid, the petitioner is entitled to have his pay fixed in the scale of Rs. 180-425 under the 1969 Rules on the basis that he held qualifications equivalent to a Diploma in Mechanical Engineering 8. The result is that the writ petition is allowed and it is declared that under the Rajasthan Civil Services (New Pay Scales Rules, 1969, the petitioner is entitled to have his pay fixed in the scale of Rs. 180-425 with effect from September 1, 1968 and the respondents are directed to fix the revised pay of the petitioner on the basis. There will be no order as to costs in this writ petition.Petition Allowed. *******