JUDGMENT : G.B. Patnaik, J. - The Petitioners are Salaried Amins. Being aggrieved by the Government decision fixing their scale of pay in the pay scale of regular Amins they have approached this Court. According to the Petitioners case the qualification prescribed for a Salaried. Amin is higher than that of a regular Amin. The nature of duties of the Petitioners is different from the nature of duties of the regular Amins and they were getting all along higher salary than the regular Amins. But the Government illegally treated them at par with regular Amins and, therefore, this Court should interfere with the Government decision. It has been averred by the Petitioners that pursuant to an advertisement for recruitment of 13 Salaried Amins in the scale of pay of Rs. 320-450/- the Petitioners were selected and were appointed on different dates in the year 1981. They were attached to the different District Judges and they perform the duties of a Civil Court Commissioner in pending disputes in different Courts Their pay scale was same as that of Grade-II Assistant which post was subsequently re-designated as Senior Assistant.' In fact, in June. 1979, when Government in the. Finance Department created posts of Salaried Amins in the pay scale of Rs. 240-315/- the Law Department wanted sufficient justification from the Orissa High Court for creation of posts in the pay scale of Rs. 320-450/- and the Registrar of the Court replied vide letter dated 16th July, 1979, as to why the pay scale should be Rs. 320-450/-. The said letter of the Registrar has been annexed as Annexure-3. Ultimately, Government in the Law Department communicated the sanction of the Governor for creation of 13 posts of Salaried Amins in the pay scale of Rs. 320-450/- in the different judgeships in the State. The said letter has been annexed as Annexure-4. The High Court then fixed the guidelines to be followed for recruitment to the post of Salaried Amin. In the meantime, the pay scales of all State Government employees were revised under the Orissa Revised Scales of Pay Rules, 1981, but the case of the Salaried Amins was not taken into consideration by the Pay Commission possibly because the posts had been created shortly before the Commission considered the cases of all State Government employees. But under the Orissa Revised. But under the Orissa Revised. Scales of Pay Rules, 1981, the scale of pay of Grade-II Assistants was revised to Rs. 320-750/-. The subsequent Pay Commission considered the case of Salaried Amins in par with the general Amins and recommended the revision of their pay scale to Rs. 62,940/- which was accepted by the Government under the Orissa Revised Scales of Pay Rules 1985. The Petitioners, therefore, made a grievance in this Court that the Government having sanctioned the posts of Salaried Amins in the scale of pay of Rs. 320-450/- prior to the revision of scales of pay of all State Government employees in 1981, their pay scale should have been revised along with other employee's in 1981 and that not having been done and in 1985, the Government having fixed the same scale of pay for them as has been fixed for the general Amins have acted with hostile discrimination by making inequals as equals and, therefore, they are entitled to the same scale of pay as had been given to Grade-II Assistants which was similar to the scale of pay of the Salaried Amins when the posts of Salaried Amins were created. In other words, the Petitioners claim the pay scale of Rs. 890-1830/-. 2. The stand of the State Government in the counter affidavit filed is that the post of Salaried Amin had never been made equivalent to the post of Grade-II Assistant although it is not denied that prior to the revision of pay scales in the year 1981, Grade-II Assistants were in the scale of pay of Rs. 320-450/- and the posts of Salaried Amins were also created in the same pay scale. It has been further averred in the counter affidavit that while creating 13 posts of Salaried Amins in the pay scale of Rs. 320- 450/- Government through oversight created the posts in that scale though the posts should have been created in the pay scale of Rs. 240-350/- which was the pay scale of Amins in different departments. It is also denied in the counter that the scale of pay of Rs. 320-450/- had not been revised to Rs. 320-750/- as averred but the Pay Rationalisation Committee suggested merger of Grade-II Assistants and Grade-I Assistants and recommended a revised scale for both in the pay scale of Rs. 320-750/- and they were nomenclatured as Senior Assistants. It is also denied in the counter that the scale of pay of Rs. 320-450/- had not been revised to Rs. 320-750/- as averred but the Pay Rationalisation Committee suggested merger of Grade-II Assistants and Grade-I Assistants and recommended a revised scale for both in the pay scale of Rs. 320-750/- and they were nomenclatured as Senior Assistants. Therefore, the Salaried Amins cannot claim to get that salary. It has further been averred that the Pay Commission in 1983 duly considered the case of these Salaried Amins and keeping in view the qualification and job contents with reference to their comparable posts on the basis of the recommendation received the Government have rationalised and fixed their pay scale at Rs. 625-940/- with effect from 1-1-1985 and further they have been allowed corresponding revised pay scale of Rs. 320-490/- with effect from 1-1-1981. Therefore, there has been no arbitrariness in fixing the pay scale and the Petitioners' grievance is wholly unjustified. 3. In the aforesaid premises, the questions that arise for our consideration are: (i) Whether the case of the Salaried Amins was considered by the Pay Commission in the year 1981 or had been overlooked; (ii) If it is held that their pay -scale had been overlooked then what should be the proper pay scale for them; and (iii) Whether the pay scale fixed with effect from 1-1-1985 for Salaried Amin in par with general Amin has been properly fixed or it has been arbitrarily done without bearing in mind the qualification, nature of duties and responsibilities in the post of Salaried Amin. 4. While considering the case of Salaried Amins the Pay Commission in its Report observed: The entry qualification for the post is Matriculation, proficiency and knowledge in land survey, and a pass in the Revenue Inspector's Examination. The duties and qualifications of these Amins are widely different from the Amins under the Revenue and the Settlement Organisations who are in the scale of pay of Rs.240-340/-. The duties and qualifications of these Amins are widely different from the Amins under the Revenue and the Settlement Organisations who are in the scale of pay of Rs.240-340/-. In suits for land disputes, boundary disputes, right of easement, claims over fence and trees, and for the preparation of allotment sheets and demarcating landed property in accordance with the orders and decrees of the Courts, etc., Civil Courts issue commissions to these incumbents and they, as Civil Court Commissioners perform duties and discharge responsibilities according to the provisions of Order 26, CPC Their report forms a part of the case record and, if required they have to be examined and cross-examined in Court. On careful consideration, we find that there is no equation between the Salaried Amins discharging the functions of Civil Court Commissioners and the Amins under the Revenue and Settlement Organisations. The qualification of the Salaried Amins is also higher.... But having said so, the Commission recommended revision of pay scale to Rs. 320-490/- with effect from 1st January, 1981 and then to Rs. 665-960/- from the date when the new scale recommended by the Commission was to take effect. The Government however, fixed the pay scale of Salaried Amins at Rs. 625-940/- on the obvious thinking that they were also getting the same scale of pay as that of regular Amins, namely Rs. 240-340/-. Therefore, the fixation of pay of the Salaried Amins under the Orissa Revised Scales of Pay Rules, 1985 at Rs. 625-940/- is arbitrary and is based on incorrect datas and, therefore, this Court should interfere with the said fixation. 5. Mr. Dora, the learned Counsel for the Petitioners places reliance on two decisions of the Supreme Court, one in P. Savita and Ors. Union of India and Ors. 1985 (3) S.L.R. 29 and another in V. Narkendeys and Ors. v. State of Andhra Pradesh and Ors. (1989) 3 S. C.J. 54. In the first case, the Supreme Court observed that classification of Senior Draughtsmen in two groups and recommendation of higher pay scale for one group and lower pay scale for other group solely on the basis of seniority cum fitness was discriminatory and was hit by Articles 14 and 16 of the Constitution and such a discrimination could not be sustained. Ultimately their Lordships directed that the Senior Draughtsmen of both categories should be paid their salary in the pay scale of Rs. 425-700/-. In the latter case, the question of fixation of pay scales for two categories of Supervisors-Graduates and Non-Graduates came up for consideration. Their Lordships observed that the Graduate Supervisors had always been treated as a distinct and separate class from the. Non-Graduate Supervisors both under the Hyderabad Rules as well as under the Andhra Pradesh Rules and they were never treated as equals and, therefore, they had never been integrated into one class of Services and consequently, the classification of Supervisors into two classes on the basis of historical reasons was valid and did not offend Articles 14 and 16 of the Constitution. In view of the aforesaid two decisions of the Supreme Court and in view of the findings of the Pay Commission itself to the effect that the Salaried Amins are required to have a higher qualification for entry into service and their duties and responsibilities are widely different from the Amins under the Revenue and Settlement organisations and they were admittedly getting higher salary than those of the regular Amins prior to 1981 and that their cases had not been taken into consideration in 1981 when revision of pay scales of all the State Government employees had been made, the State Government wholly erred in law in fixing their pay scales with those of the regular Amins under the Orissa Revised Scales of Pay Rules, 1985. In view of their higher qualification and the nature of duties, they are entitled to get higher salary than the regular Amins and by not doing so, the Government have not taken into account the germane considerations. That apart, while fixing the pay scales in Grade of Rs. 625-940/- for both Amins and Salaried Amins the State Government have assumed that the existing pay scale of Salaried Amins was Rs. 240-340/- whereas in fact the Salaried Amin posts were created in the scale of pay of Rs. 320-450/- prior to 1981 and their case had not been considered along with all other employees in 1981 and was kept out of consideration by mistake. 240-340/- whereas in fact the Salaried Amin posts were created in the scale of pay of Rs. 320-450/- prior to 1981 and their case had not been considered along with all other employees in 1981 and was kept out of consideration by mistake. In this view of the matter, we cannot but hold that the fixation of their salary in the pay scale of Rs.625-940/- under the Orissa Revised Scales of Pay Rules, 1985 and treating them at par with the general Amins is arbitrary and has been made on incorrect assumptions and, therefore, cannot be sustained in law. But at the same time, it is difficult for this Court to fix a particular pay scale for those Salaried Amins. In that view of the matter, he would call upon the State Government to fix up the scale of pay of Salaried Amins with effect from 1-1-1981 and 1-1-1985 taking into account that the pre-existing scale of pay prior to 1-1-1981 was Rs. 320-450/- and taking further into account the revision of scale of pay made in respect of posts in the said pre-existing scale of pay. This may be done within a period of three months from the date of receipt of our order. The writ application is accordingly allowed but, however, there will be no order as to costs. A.K. Padhi, J. I agree. Application allowed. Final Result : Allowed