JUDGMENT Raza, J. - As the common questions of law anal facts are involved in these petitions, the same are being disposed of by a common judgment. 2. The petitioners by means of this writ petition have assailed the order, dated 25 June 1983 and 24 June 1983, contained in anuexures 2 and 3 to the petition. By the impugned orders, the posts of lady social workers, posted in urban family planning centres were declared surplus in pursuance of order, dated l April 1983, made by the Government of India, which was followed by the Government order, dated 7 May 1983, issued by the State Government as they could not be absorbed on the post of family welfare health assistant (higher grade). Hence, with immediate effect the petitioners were absorbed on the vacant posts of health assistants in district welfare centres. The aforesaid orders have been challenged mainly on the ground that the impugned orders of transfer in fact and in effect are orders of reduction in rank and scale of the petitioners without compliance of Article 311 of the Constitution of India and are based on sex discrimination mainly. because while the opposite parties retained the male social workers, herein-after called MSWs along with their designation but the petitioners' rank and scale were reduced and their designation has been changed. It is also alleged that the impugned orders are arbitrary, discriminatory and are in gross violation of the spirit enshrined under Articles 14 and 16 of the Constitution of India, having no basis of any rational differentia. It is further challenged that the lady social workers, hereinafter called as LSWs. have a right to hold the post at urban centres and also to draw the scale of Rs. 515-860 regularly. On 1 July 1983, this Court had passed an order to the effect that the impugned orders contained in annexures 2 and 3 shall not be given effect to and on 6 July 1983, this Court further passed an order that the earlier interim order shall continue. 3. The petitioners who are graduates from different universities, were initially appointed on the post of LSWs on different dates; at the initial scale of Rs. 300-500. The minimum qualification for holding the post of MMSWs and LSWs was graduation. At the time of the filing the writ petition, the petitioners were drawing higher scale. 3. The petitioners who are graduates from different universities, were initially appointed on the post of LSWs on different dates; at the initial scale of Rs. 300-500. The minimum qualification for holding the post of MMSWs and LSWs was graduation. At the time of the filing the writ petition, the petitioners were drawing higher scale. It is averred that initially for launching the family programme in Uttar Pradesh an identical cadre for the male and female workers was created. The cadre of male workers was designated as MSWs and the cadre of female worker was LSWs. The scale and qualifications, nature of duties and other service conditions of both cadres were identical except the field of operation of MSWs was limited to contact males, WSW to ladies for accepting various family planning devices on the basis of their choice. In the year 1965, there was it retrenchment in the department of malaria, and the retrenched malaria workers though were possessing only high school qualifications as required for their posts in their parent department were drawing the same scale of pay which MSWs and LSWs including the petitioners were drawing. Later on for the purpose of guidance the post of Extension Educator was created to guide and supervise the field staff including MSWs and LSWs. This scheme was launched by the Union of India as well as by the State Government and a large number of Held workers were recruited keeping in view that the merger of staff of malariology should not be repeated and as such having different lower qualifications and lower scales of pay to that of MSWs and LSWs. MSWs who were posted in rural areas were redesignated as family planning health assistants, hereinafter referred as FPHA but those who were posted or proposed to be posted in area were allowed to retain their designation as MSWs. However, for this cadre of the family planning health assistants, the minimum qualification was the graduation having the scale of pay as that of MSWs and LSWs. Another cadre of FPHA was created in the post in 1965 period to whom high school qualification was required and they were given lower scale of Rs. 75-200 (that now revised) LSWs who were posted in the rural areas after 1965 were given the designation of FPHA but those who were working in the urban areas were allowed to retain their designation as LSW. 75-200 (that now revised) LSWs who were posted in the rural areas after 1965 were given the designation of FPHA but those who were working in the urban areas were allowed to retain their designation as LSW. In order to remove the anomaly a lower post in the name of family welfare workers was, created to work in the integrated pattern, These posts were alone for (sic) laid and minimum qualification for it was high school. The Government of Uttar Pradesh in pursuance of a direction of Government of India took policy decision that the LSWs will be posted only in the urban centres to facilitate the family planning programmes. The Second Pay Commission recommended the pay-scale of Rs. 515-860 to MSWs and LSWs who were drawing the old scale of Rs. 300-500. Recommendation of the Pay Commission was accepted by the Government of Uttar Pradesh in the year 1982 and was communicated to District Administration in January 1983, along with a schedule annexed with it showing the old and revised scales of Extension Educator, MSW;LSW, FPHA, etc. The MSWs and LSWs were given the scales of Rs.515-860 in the revised scale whereas the FPHAs of the higher scales were given the scale of Rs. 470-735. 4. The grievance of the petitioner is that the impugned orders of transfers and their absorption to the post of FPHAs will not only reduce their salaries but would amount to reduction in rank on the on e side and on the other side similarly situate PF male social workers who were given the higher scale in pursuance of the recommendation of the Pay Commission is not just at all and they are continuing to hold their posts on the higher scale. The other grievance of the petitioners is that their energies and utilities are misdirected by the authorities by posting them in the rural centres which is against the Government policy indicated in certain executive instructions. 5. The State of Uttar Pradesh filed a counter-affidavit which was sworn b one y Sri Parmatma Swaroop, Senior Assistant, Office of the State Family Welfare Bureau, Uttar Padesh, District Lucknow, which briefly enumerated the background of creation of the aforesaid posts. It is averred that in the year 1957, 294 posts of lady social workers. whose qualification was graduate, were created for the urban family welfare centres in the scale of Rs. It is averred that in the year 1957, 294 posts of lady social workers. whose qualification was graduate, were created for the urban family welfare centres in the scale of Rs. 120-320 which was later on revised into pay-scale of Rs. 300-500. This scheme was also given to the male social workers posted at urban centres and health assistants of senior scale, who were posted at rural family welfare centres. The aforesaid 294 post,, of lady social workers, continued up to 28 February 1982 and thereafter it came to an end and the same are not in existence, as the Government did not accord sanction for the continuance of these posts. The family welfare scheme is 100 per cent sponsored scheme by the Government of India. The staffing pattern did not include the posts of lady social workers as well as some other posts existing at urban centres. In order to comply with the instructions of Government of India the department started to absorb the lady social workers working at urban centres against the vacancies of health assistants in rural areas which carried the same pay-scale at that time. On 12 March 1976. the State Family Welfare Officer-cum-Additional Director wrote a letter to the Government to accord sanction for keeping the staff in accordance with the pattern of Government of India from I April 1976. It was mentioned that in case sanction is not received before I April 1976 then too the pattern will be implemented according to the revised set up. Thereafter, the State Family Welfare Bureau had transferred 177 lady social workers out of 190 on the post of health assistants of senior scales. On 27 January 1978, Government of India, on the subject reiterated that those lady social workers who were, not adjusted elsewhere can be kept in urban centres as lady social workers till the time they are not adjusted. Thereafter, the department wrote to the Government of India to allow the department to adjust the lady social workers against the post of lady social workers in urban centres and the Government of India, as well as the State Government sent their consent under the said proposal in 1982. On getting this consent the State Family Welfare Bureau posted back 78 lady social workers on the post of male social workers in urban areas. On getting this consent the State Family Welfare Bureau posted back 78 lady social workers on the post of male social workers in urban areas. In the meantime the Pay Commission released its report in which the pay-scale of Rs. 300-500 was revised to the pay-scale of 515-860 while the pay-scale of health assistant (senior scale) was revised from the scale of Rs. 300-500 to 470-735. The department drew the attention of the State Government regarding the anomalies but the State Government ride D. O. letter, dated 6 January 1983, confirmed the decision of the Pay Commission. Thus out of the 190 lady social workers 13 are still working in urban centres and 78 lady social workers who were adjusted as health assistants are at present working in place of male social workers in urban centres in the department and rest are working as health assistants in rural areas. It is further averred that the cadre of lady social workers was different from that of the male social workers. The incumbents working as lady social workers had never been transferred on the posts of male social workers. Similarly male social workers had never been transferred on the post of lady social workers. The nomenclature of the post also clarifies that no male candidate could be posted on the post of lady social worker and similarly no female candidate could get her appointment as male social worker. The retrenched employees of the malaria department who were not graduates were not appointed as male social workers in urban family welfare centres and they were appointed as health assistant in junior scale of Rs. 120-220, later on revised as Rs. 230-380 and 400-615. It is admitted that the post of lady social workers, for which the petitioners are contesting were sanctioned for the urban family welfare centres. Till 1965, two cadres of lady social workers were in existence. One cadre was for rural area for whom educational qualification was high school and another was for family welfare centres, whose educational qualification was graduation. The pay-scale of lady social workers sanctioned for the urban centres was higher than the pay-scale of lady social worker of rural family welfare centre. In 1966 the Government changed the nomenclature of lady social workers of rural family welfare centres and they were redesignated as family welfare workers. The pay-scale of lady social workers sanctioned for the urban centres was higher than the pay-scale of lady social worker of rural family welfare centre. In 1966 the Government changed the nomenclature of lady social workers of rural family welfare centres and they were redesignated as family welfare workers. As the Government of India has not included the post of lady social workers in their staffing pattern, the State Government has also abolished this post with effect from 1 March 1983 so the only alternative before the department is to terminate their service or to absorb them on the other vacant posts. The petitioners were offered the facility of second alternative to accept the appointment/adjustment for the post of health assistants. It is asserted under Articles 245, 246 and Sch. VII, List III, entries 20 and 20A. the Central Government has power with respect to entries 20 and 20A of the List III of Sch. VII, of the Constitution of India. As such the Central Government can issue orders and direction as contained in annexure I to the writ petition. The policy decision taken by the State Government in pursuance of the directives of the Union Government does not suffer from any infirmity. 6. Firstly, it has to be seen whether the impugned orders are discriminatory and violative of Articles 14 and 16 of the Constitution of India, inasmuch as while the male social workers were retained in service and posted at urban centres, but the posts of the petitioners were abolished, the scale was reduced and designation has also been changed and hence there is no nexus to the objective sought for by the present scheme and arrangement. It is no doubt a settled position under the law that classification is permissible provided that classification is based on some reasonable criteria and the classification has some nexus to the object sought to be achieved. The opposite parties had chosen the classification a'-d made an effort to mention a rationale in classifying the absorption of the petitioners to the vacant post of health assistants, in district welfare centres. Certainty it is for the State to justify the classification since it was challenged and to show that the particular classification is not discriminator or arbitrary. In order to pass the test of permissible classification, two conditions must be fulfilled. Certainty it is for the State to justify the classification since it was challenged and to show that the particular classification is not discriminator or arbitrary. In order to pass the test of permissible classification, two conditions must be fulfilled. The classification must be founded on an intelligible differentia which distinguishes persons or things from those that are left out of the group and that the differentia must have a rationale by the policy in question. As a corollary to these very well-established propositions, the next question is, on whom the burden lies to affirmatively establish the rational principle on which the classification is founded correlated to the object sought to be achieved. The answer to the above question was answered in Nakara (D. S.) case. 11983-1 L. L. N. 289] as quoted below Para. 16, at page 297: "The State, therefore, would have to affirmatively satisfy the Court that the twin tests have been satisfied. It can only be satisfied if the State establishes not only the rational principle on which classification is founded but correlates it to the objects sought to he achieved." 7. It is averred in the counter-affidavit that in the year 1957, 294 posts of lady social workers, were created for the urban family welfare centres. The aforesaid 294 posts of the lady social workers, continued up to 28 February 1982, and thereafter it came to an end and the same are not in existence, for the reasons of the fact that the Government did not accord sanction for the continuance of these posts. Family welfare scheme is 100 per cent sponsored by the Government of India and the staffing pattern did not include the posts of lady social workers as well as some other posts existing at urban centres. As a result of abolition of these posts, the Department of Family Welfare, Uttar Pradesh, complying with the instruction of Government of India initiated a scheme to absorb lady social workers working at urban centres against the vacancies of health assistants in rural area which carried the same pay-scale at that time. Thereafter, the State Family Welfare Bureau had transferred 177 lady social workers out of 190 on the post of health assistants of senior scales. Thereafter, the State Family Welfare Bureau had transferred 177 lady social workers out of 190 on the post of health assistants of senior scales. But the Government of India made it clear that those lady social workers who were not adjusted elsewhere can be kept in urban centres as lady social workers till the time they are not adjusted. After obtaining the consent from the Union Government, the State Welfare Bureau posted back 78 lady social workers on the post of male social workers in urban areas. It was further averred that the cadre of lady social workers was different from that of the male social workers. The incumbents working as lady social workers had never been transferred on the posts of male social workers. Similarly male social workers had never been transferred on the post of lady social workers. The nomenclature of the post also clarifies that no male candidate could be posted on the post of lady social worker and similarly no female candidate could get her appointment as male social worker. In 1966 the Government changed the nomenclature of lady social worker of rural family welfare centres and they were redesignated as family welfare workers. As the Government of India has not included the post of lady social workers in their stalling pattern, the State Government has also abolished this post with effect from I March 1983, but instead of terminating their services, the State Government pursued the policy to absorb them on other vacant posts. The petitioners were offered an alternative to accept the appointment for the post of health assistants. 8. No doubt under Articles 245, 246 and Sch. VII, List Ill, entries 20 and 20A, the Central Government has power with respect to entries 20 and 20A of the List III of Sch. VII of the Constitution of India. As such the Central Government can issue orders and direction as contained in annexure Al. Thus, the opposite parties have successfully established the rational principle and object which was sought to be achieved by classifying the male social workers with lady social workers who belong to different cadres, the classification is based on rational classification and has nexus with the objects to he achieved. Thus, the opposite parties have successfully established the rational principle and object which was sought to be achieved by classifying the male social workers with lady social workers who belong to different cadres, the classification is based on rational classification and has nexus with the objects to he achieved. The petitioners were holding temporary posts in a department which in itself was purely temporary and after the abolition of the said post for the reasons of the fact that the Union Government did not accord sanction for the continuance of the said post, the State Government instead of terminating their services has absorbed them on the post of family welfare health assistant higher grade in rural areas. 9. As far as the other contention of the petitioners that impugned orders are violative of Article 311 of the Constitution of India inasmuch as, the impugned order amounts to reduction in rank as well as scale of pay are concerned, has no substance. The petitioners had no lien on the posts which were temporary in nature and it was well within the right of the State Government either to terminate their services or to absorb them on other posts. State Government has rightly given an alternative to the petitioners for absorption on the posts of family welfare health assistants higher grade. Although it is not a fit case for invoking the jurisdiction of this Court under Article 226 of the Constitution of India but taking into account the long services of the petitioners which they have rendered as lady social workers and the experience which they have gained, we, direct the opposite parties to consider the removal of anomalies which exist between the male social workers and the lady social workers in case they are appointed or absorbed on the post of family welfare health assistant higher grade. We, take judicial notice of the fact that the State Government, very strictly accepted the report of equivalence committee which removed the anomalies between the scales of State Government as well as Central employees. It would be fair and just if the State Government remove the anomalies which exist in the pay-scale of male social workers and lady social workers who are now being absorbed on the post of family welfare health assistants higher grade, particularly because till now, male social workers and lady social workers posted in urban areas were drawing similar pay-scale. It would be fair and just if the State Government remove the anomalies which exist in the pay-scale of male social workers and lady social workers who are now being absorbed on the post of family welfare health assistants higher grade, particularly because till now, male social workers and lady social workers posted in urban areas were drawing similar pay-scale. The Constitution of India has provided safeguards for the protection of rights of women and enshrined directive principles of State policy to safeguard and protect the rights of women. Scheme for family planning although is temporary is likely to continue to check the population which is rising at alarming speed. In comparison of male, the women require more protection and safeguard while male can face hardship of life but the women cannot if posted in rural areas, they would be completely cut-off from their families and face greater hardship in comparison of men. There is no reason why these 14 lady social workers who according to the new policy of the State Government will be absorbed on the post of family welfare health assistants (higher grade) cannot be posted in urban area. 10. In view of what we have observed hereinabove, the writ petitions are disposed of. There shall be no orders as to costs.