JUDGMENT 1. - Through this writ petition, petitioner No. 1. i.e. Association of Members of Rajasthan Vidhi Seva (a body which is not registered) seeks to espouse the cause of the members of the Legal service in Rajasthan and petitioner No. 2 who is working as Legal Assistant have sought directions in the matter of pay scales of Legal Assistant and Head Legal Assistant as Rs. 860-1750 and Rs. 1000- 1800 with retrospective effect from 1st September, 1981. This writ petition was filed on 8th March, 1984 and thereafter the Rajasthan Civil Services (Revised Pay Scales) Rules, 1989 came into force from 1st September, 1988. Therefore, the matter has been argued claiming the corresponding pay scales as per the Rajasthan Civil Services (Revised Pay Scale) Rules, 1989. 2. As per the pleadings of the parties, contained in paras 3 to 13 of the writ petition and the reply to the writ petition filed on behalf of the respondents, it is the common case of the parties that on 10th August, 1973, Government of Rajasthan constituted a Committee known as Legal Service, Legal Aid and Law Reforms Committee, headed by the then Advocate General Dr. L.M. Singhvi with Revenue Commissioner, Finance Commissioner, Home Commissioner, Special Secretary (Personnel), Law Secretary-cum-Legal Remembrancer, Director, H.C.M. State Institute of Public Administration as its Members and Joint Legal Remembrancer as its Member Secretary. This Committee discussed the matters relating to the terms of reference with the following eminent jurists, legal luminaries and constitutional functionaries of India and Great Britain before submitting its report to the Government of Rajasthan: 1. Dr. G.S. Pathak, Former President of India 2. Mr. Justice P.N. Bhagwati, Judge, Supreme Court of India at the relevant time. 3. Mr. Justice P.B. Gajendragadkar, Former Chief Justice, Supreme Court of India, and Chairman Law Commission. 4. Mr. Justice V.R. Krishna Iyer, Former Judge Supreme Court of India. 5. Mr. Justice P.N. Singhal, Former Chief Justice of Rajasthan, at the relevant time. 6. Mr. Justice B.P. Beri, Former Chief Justice of Rajasthan High Court. 7. Mr. Justice V.P. Tyagi, former Chief Justice of Rajasthan High Court. 8. Mr. Justice C.M. Lodha, Former Chief Justice of Rajasthan High Court. 9. Miss Justice Kanta Bhagnagar, Judge, Rajasthan High Court. 10. Mr. Justice D.L. Mehta, Judge, Rajasthan High Court. 11. Mr. Justice K.S. Lodha, Former Judge, Rajasthan High Court. 12. Mr. Justice Kan Singh, Former Judge, Rajasthan High Court. Justice V.P. Tyagi, former Chief Justice of Rajasthan High Court. 8. Mr. Justice C.M. Lodha, Former Chief Justice of Rajasthan High Court. 9. Miss Justice Kanta Bhagnagar, Judge, Rajasthan High Court. 10. Mr. Justice D.L. Mehta, Judge, Rajasthan High Court. 11. Mr. Justice K.S. Lodha, Former Judge, Rajasthan High Court. 12. Mr. Justice Kan Singh, Former Judge, Rajasthan High Court. 13. Mr. Justice M.L. Shrimal, Former Chief Justice, Sikkim High Court and Lokayukta, Rajasthan. 14. Mr. R.C.S. Sarkar, Formerly Law Secretary, Government of India and Chairman Union Public Service Commission. 15. Mr. Justice Seton Pollock, Eminent Jurist, Great Britain. 16. Mr. Norman Marsh, the then Member, British Law Commission, Great Britain. 17. Mr. Justice L.N. Chhangani, Formerly Judge, Rajasthan High Court. 18. Mr. Marudhar Mridul, Sr. Advocate, Rajasthan High Court, Jodhpur. 19. Mr. P.N. Buxi, Formerly Member Secretary, Law Commission of India. 20. Mr. J.S. Wasu, the then Advocate General of Punjab. 21. Mr. N.L. Jain, Former Advocate General of Rajasthan. 3. Dr. L.M. Singhvi, Chairman of the Legal Services, Legal Aid and Law Reforms Committee submitted the report of the Committee to Shri Harideo Joshi, the then Chief Minister of Rajasthan on 19th June, 1975. As per pt. XXIV of Chapter 3 of the 'report' the recommendations were as under: "In our opinion there is every justification for constituting a Rajasthan Legal Service so as to allow the induction of Law Graduates with a minimum of two years experience at the Bar and to provide for appropriate avenue for their advancement and promotion." "The grade for the Rajasthan Legal Service should be roughly analogous to and at par with that of Assistant Commercial Taxes Officers or Assistant Registrars of Co-operative Societies or Employment Exchange Officers. The scale should begin at Rs. 300/- (at present Rs. 860) with an annual increment of Rs. 25/-. There should be an efficiency bar at Rs. 600/- (at present Rs. 1300/-). On crossing the Bar a Legal Assistant should be designated as Head Legal Assistant. Perhaps it would be better to designate him as Section Law Officer or Section Officer (Law). His grade should go up to Rs. 800/- (at present Rs. 1750/-) with a continuing annual increment of Rs. 25/-. His scale of pay should thus be Rs. 300-25-600-EB-25-800 (at present 860-20-900-25-1000-30-1300-40-1500-50-1750). Appropriate Rules under Article 309 may be framed to constitute Rajasthan Legal service." 4. His grade should go up to Rs. 800/- (at present Rs. 1750/-) with a continuing annual increment of Rs. 25/-. His scale of pay should thus be Rs. 300-25-600-EB-25-800 (at present 860-20-900-25-1000-30-1300-40-1500-50-1750). Appropriate Rules under Article 309 may be framed to constitute Rajasthan Legal service." 4. While the aforesaid report of the Committee was under consideration With the Government, the Rajasthan Legal Subordinate Service Rules, 1976 were promulgated. However, the pay scale of Legal Assistant/Head Legal Assistant continued to be Rs. 200-450 and Rs. 275-650 respectively. Later on, after considering the recommendations of the aforesaid Committee contained in para XXXIX Chapter III of the report made by the Committee, the Rajasthan Legal Service Rules, 1981 were made under Article 309 of the Constitution of India and the Rajasthan Legal Subordinate Service Rules, 1976 were repealed and the posts of Legal Assistants and Head Legal Assistants which earlier found place in the Rajasthan Legal Subordinate Service Rules, 1976 were included in the Schedule-I of the Rajasthan Legal Service Rules, 1981. Thus, the aforesaid two posts which were so far in subordinate service were included in the State Service. During the period from 1976 to 1981 when the aforesaid report was under consideration of the State Government, the Rajasthan Pay Commission headed by Justice B.P. Beri, former Chief Justice of Rajasthan High Court was constituted. The Beri Commission recommended the revision of pay scales of Legal Assistants/Head Legal Assistants as under: (1) Legal Assistant Rs. 760-1420 (2) Head Legal Assistant Rs. 900-1600 5. The Rajasthan Legal Service constituted under the Rules of 1981 was included in Schedule-I of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 vide Notification dated 20th June, 1983, published in the Rajasthan Rajpatra, Part IV dated 7th July, 1983. Thus, the status of State Service was given to all the posts under the Rajasthan Legal Service, including the posts of Legal Assistants and Head Legal Assistants. Thus, the status of State Service was given to all the posts under the Rajasthan Legal Service, including the posts of Legal Assistants and Head Legal Assistants. As per the Circular dated 29th April, 1983, issued by the Judicial Department, it was clearly held out that the posts of Legal Assistants, Head Legal Assistants, Assistant Legal Draftsman/Remembrancer and Deputy Legal Remembrancer have been included in the Rajasthan Legal Service on the recommendations of the Law Reforms and Legal Service Committee and the works to be executed by the members of the Rajasthan Legal Service were also enumerated in this Circular dated 29th April, 1983, as under: 1- fof/k lgk;d 2- eq[; fof/k lgk;d 3- lgk;d fof/k ijke'khZ@lgk;d fof/k izk:idkj 4- mi fof/k ijke'khZ jktLFkku fof/k lsok es lnL;ksa ls fuEu of.kZr dk;ksZ dk lEiknu gh visf{kr gS %& 1- fo/kk;h izk:i.k lEcU/kh dk;ksZA vf/kfu;eksa] fu;eksa] fofu;eksa ,oa mi fu;eksa vkfn dk izk:i.k ,oa muesa la'kks/ku vkfn ds izk:i cukukA 2- oSf/kd ekeyksa dk ijh{k.k ,oa ijke'kZ lEcU/kh dk;ZA 3- okndj.k lEcU/kh dk;Z 1- uksfVl] ;kfpdk okys ,oa tokc nkos bR;kfn dk ijh{k.k ,oa ijke'kZA 2- vihyh; ekeys ,oa fu.kZ; dk ijh{k.k ,oa ijke'khZ ,oa 4- vU; foHkkxh; oSf/kd dk;ZA 6. The parties are not at dispute that under the Rajasthan Legal Sub-ordinate Service Rules, 1976, the post of Legal Assistant was required to be filled 100% by direct recruitment and that of Head Legal Assistant 100% by promotion from amongst Legal Assistants having five years' service to their credit and the qualification prescribed for the post of Legal Assistants under the Rajasthan Legal Subordinate Service Rules, 1976 was Law Graduate from a University established by law in India or its equivalent with three years course of proficiency degree. This requirement in respect of the two posts i.e. Legal Assistants and Head Legal Assistants remained the same even after their inclusion in the Rajasthan Legal Service Rules, 1981. The method of recruitment under the Rules of 1976 and that under the Rules of 1981 also remains the same i.e. for Head Legal Assistant 100% by promotion from amongst the Legal Assistants, having five years' service to their credit through a DPC, and for the post of Legal Assistant by direct recruitment through examination conducted by the RPSC followed by viva voce and the recommendation of the Commission made on that basis. The detailed procedure for direct recruitment through the RPSC is provided in Part 1V of the Rules. 7. The parties have joined issues on the question of claim for higher pay scales than what the members of the petitioner association are getting under the Revised Pay Scales. Shri Bajrang Lal Sharma, appearing on behalf of the petitioners, has made the following submissions:- (a) Keeping in view the recommendations made in the report of the Law Reforms and Legal Service Committee, the pay scales of Legal Assistants must be analogous to and at par with that of Assistant Commercial Taxes Officer, or Assistant Registrar of the Co-operative Department, and/or Employment Exchange Officer. The existing and revised pay scales of Asstt. Commercial Taxes Officer, Assistant Registrar of the Co-operative Department and Employment Exchange Officer are as under:- Existing Pay Scale Revised Pay Scale (a) Asstt. Commercial Taxes Officer 1550-3250 2000-3500(15) (b) Asstt. Registrar in Co-operative Department 1550-3250 2000-3500(15) (c) District/ Assistant Employment Officer 1490-3050 2000-3200(14) Shri Sharma has submitted that in this view of the matter, the pay scales of members of the petitioner association should also be revised accordingly. (b) That the duties which the Legal Assistants are required to discharge cannot be undermined to comparison to the duties which are discharged by the ACTO or Asstt. Registrar in the Co-opeative Department, or the Employment Exchange Officer, may, the Legal Assistants and Head Legal aAssistants carry out the duties of higher responsibility inasmuch as they discharge Advisory duties in legal matters on which depends the involvement and fate of the State Government in the litigation. They have to examine and yet the pleadings for the State Government and its functionaries and have to make proposals in the matter of drafting pleadings and amendments in the rules. Such duties by the very dint of nature are advisory duties and have to be trated a foot higher than the duties which are discharged by the holders of the post of ACTO or Asstt. Registrar in the Co-operative Department or District/ Assistant Employment Officer etc. Such duties by the very dint of nature are advisory duties and have to be trated a foot higher than the duties which are discharged by the holders of the post of ACTO or Asstt. Registrar in the Co-operative Department or District/ Assistant Employment Officer etc. (c) That the pay scales of Legal Assistants/Head Legal Assistants are not commensurate with the qualifications prescribed for recruitment to these posts and the Legal Assistants and Head Legal Assistants are being discriminated because for RAS, RPS and Rajasthan Accounts Service, the qualification is only graduate, whereas the candidates seeking direct recruitment on the post of Legal Assistant are required to be Law Graduate. He has further submitted that the qualifications prescribed for the post of Legal Assistant/Head Legal Assistant are identical to those prescribed for Judicial Officers. He has also submitted that the recruitments to RAS, RPS, Rajasthan Accounts Service and RJS are also made through the examination conducted by the Rajasthan Public Service Commission as in the case of the holders of the post by the members of the petitioner association. In order to claim parity with the officers of the Rajasthan Judicial Service reference has been made to the syllabus for competitive examination for recruitment to the post of Legal Assistant. He has submitted that a comparison of the syllabi for the post of Legal Assistant and that prescribed for the Rajasthan Judicial Service would show that the syllabus for the Legal Assistant is of a higher standard as compared to what has been prescribed for the recruitment to the Rajasthan Judicial Service. The syllabi for the post of Legal Assistant and that for RJS is reproduced for ready reference:- Legal Assistant Rajasthan Judicial Service Paper I-Constitution of India with special emphasis on Fundamental rights, Directive Principles and enforcement of rights through writs, Functioning of High Courts and Supreme Court and Attorney General. 1. Law : Law Paper I is designed to test the practical knowledge of the candidates in Civil Law and Procedure e.g. drafting, pleadings, framing issues and writing out judgments etc. in civil cases. Paper-II-Civil Procedure Code and Criminal Procedure Code, Provisions requried to be referred generally in Government Officers will be given importance. 2. Law-Paper II : Law Paper II is designed to test the practical knowledge of the candidates in Criminal Law and procedure e.g. framing charges and writing out judgments etc. in criminal cases. Paper-III. in civil cases. Paper-II-Civil Procedure Code and Criminal Procedure Code, Provisions requried to be referred generally in Government Officers will be given importance. 2. Law-Paper II : Law Paper II is designed to test the practical knowledge of the candidates in Criminal Law and procedure e.g. framing charges and writing out judgments etc. in criminal cases. Paper-III. Evidence Act, Limitation Act, Interpretation of Statutes, drafting and conveyancing. Language (i) Paper I Hindi Essay (ii) Paper II English Essay 4. Viva voce (d) That the posts of Legal Assistant and Head Legal Assistant are State Service Posts, having classified as State Service post and the same are gazetted posts and, yet they are not being paid even the lowest pay scale of the state Service. He has invited my attention to the Statements 'P' and 'G' annexed with the application dated 14th August, 1991 and has submitted that even the posts which are there in the subordinate service, which can be said to be comparable with that of Legal Assistants, carry the pay scale No. 14 (2000-3200), whereas the Legal Assistants are being paid in the Pay Scale No. 12 (1400-2600) only and, further that even the Inspectors of the Commercial Taxes Department Gr. I, and Inspector of the Co-operative Department, Gr. I, are being paid in the pay Scale No. 13 (1640- 2900). 8. Late Shri M.I. Khan, the then Addl. Advocate General who had appeared on behalf of the respondents, made the following submissions: (a) That the post of Legal Assistant has throughout remained a subordinate service post and from the very beginning i.e. prior to the Rules of 1976, it was governed by the Rajasthan Recruitment of the Sub ordinate Service Rules, 1960 and, thereafter under the Rajasthan Legal Subordinate Service Rules, 1976. He had submitted that the post of Legal Assistant was not intended to be included as State Service and, though, the said post was included in the Rajasthan Legal Service Rules, 1981 and was also classified as State Service post under the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 it was realised that the inclusion of the post of Legal Assistant in the State Service was erroneous. Thereafter an amendment was brought on 27th July, 1985 in the Rules under proviso to Article 309 of the Constitution of India and, by this amendment the caption of the Rules was changed as Rajasthan State and Subordinate Legal Service Rules, 1981 and, as per this amendment the post of Legal Assistant is a subordinate service post, although the corresponding amendment has not been issued under the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958. Shri Khan had submitted that even if the post of Legal Assistant was included in the Rules of 1981 and was classified as State Service post it is no more a State Service post after the issue of the aforesaid amendment, and merely because it is a gazetted post, parity cannot be claimed by the holders of the post of Legal Assistant in the matter of pay scale with other State Service post. (b) Shri Khan had submitted that to include a particular post in the State Service or in the subordinate Service is a matter to be decided by the Government and the petitioner cannot have any legitimate grievance with regard to the inclusion or exclusion of a particular post in the State Service or subordinate service. (c) That the Law Reforms and Legal Service Committee had recommended the qualification of Law Graduate and minimum two years experience at the Bar, but under the Rules, for the post of Legal Assistant the recruitment has been kept open to simple law graduate without any requirement of two years practice at the Bar. Therefore, on the basis of the recommendations of the said Committee, the pay scale of ACTO, or Assistant Registrar in the Co-operative Department or Employment Exchange Officer cannot be claimed. (d) That, may be that simple graduates can compete for RAS, RPS and Rajasthan Accounts Services and for the post of Legal Assistant, Graduate in law is the minimum requirement; but that by itself cannot be a basis for claiming parity in the matter of pay scales with RAS, RPS and Rajasthan Accounts Service because the selection to these services are made on the basis of a separate competitive examination at standards much different than those prescribed for the post of Legal Assistant. The recruitment to RAS, RPS etc. The recruitment to RAS, RPS etc. is a recruitment for the service to be rendered in the field and such officers have to face the administrative problems and there can be hardly any comparison between the standard at which the candidates are recruited for RAS, RPS etc. and the standard at which the recruitment is held for the post of Legal Assistants. (e) So far as the requirement of recruitment to the Judicial Service is concerned, the academic qualification may be Graduation in Law, but the candidates seeking recruitment to the Rajasthan Judicial Service are tested on the question of application of law and the practical knowledge in Civil & Criminal Law, including the art of judgment-writing and essay-writing in Hindi as well as English. (f) Regarding the comparison of syllabi, it has be submitted that for the post of Legal Assistant, the ability of the candidates with regard to the Constitutional Law, CPC, Cr.P.C., Evidence Act, Limitation, Act, Interpretation of Statutes, drafting and conveyancing is tested in regard to and with particular reference to certain items only, whereas knowledge of Civil Law and Criminal Law, which is provided in the syllabi for RJS Officers is not confined to procedure only. (g) Shri Khan had also submitted a statement with regard to the pay scale in the subordinate service post and, according to this statement the highest pay scale in the subordinate service is Pay Scale No. 14 i.e. 20(10-3200 for the post of Group Inspector under the Rajasthan Technical Training Subordinate Service Rules, 1974 and Research Asstt. under the Rajasthan Town Planning Subordinate Service Rules, 1974 also carry the pay scale of Rs. 2000-3200 (Scale No. 14). 9. With regard to the amendment dated 27th July, 1985 by which the caption of the Rajasthan Legal Service Rules, 1981 was changed to that of the Rajasthan State and Subordinate Service Rules, 1981 and by which the post of Legal Assistant was made to be a subordinate service post, it was pointed out by Shri B.L. Sharma on behalf of the petitioner association that the Notification dated 27th July, 1985 is a subject-matter of challenge in SBCW No. 1565/1985, which was admitted on 18th December, 1986 after issuing show cause notice to the respondents and in this case a stay order had also been passed on 17th December 1986, as under: "Hon'ble S.C. Agrawal, J. Mr. C.S. Singhvi for the petitioner. C.S. Singhvi for the petitioner. No body present for the respondent. The operation of the notification Annexure/2 dated July 27, 1985 as published in Rajasthan Gazette dated 30th July, 1985 is stayed to this extent that Legal Assistants who were in service on 30th July, 1985 would continue to receive all benefits and privileges which were permissible to them before 30th July, 1985 during the pendency of the writ petition. Sd/- S.C. Agrawal, J." and it was on that basis that the members of the petitioner Association continued to enjoy all the benefits and privileges which were permissible to them earlier. 10. The Statement 'E' which was filed on behalf of the petitioner on 14th August, 1991 shows that the post of ALTO and Assistant Registrar, Co-operative were the posts in the pay scale of 860- 1750 in 1983 which was later on revised to 1550-3250 in the year 1987 and in the year 1989 these posts were placed in the Pay Scale No. 15 i.e. 2000-3500. The Statement 'F' shows that the following subordinate service gazetted posts are in the scale No. 14 i.e. 2000-3200, under 1989 Rules:- 1. Research Assistant (Town Planning) 2. Inspector Revenue Accounts 3. Police Inspector 4. Assistant Accounts Officer 5. Assistant Agriculture Research Officer 6. Programmer Computer 7. Tehsildar. 11. The Statement 'C' shows that upto the year 1983 Legal Assistants were in a higher pay scale (660-1240) in comparison to the holders of the post of Inspectors Commercial Taxes Gr. I and Inspector Co-operative Societies Gr. 1, (640-1180), whereas in the year 1987 the pay scale of Legal Assistant and Inspector Commercial Taxes Department and Inspector Co-operative Societies Gr. I were brought at par (1200-2420), but in the year 1989 the pay scale of the Legal Assistant was made to be lower pay scale inasmuch as the pay scale of Legal Assistant is 1400-2600 i.e. Pay Scale No. 12 and that of the Inspector Gr. I of the Commercial Taxes and Co-operative Department is pay scale No. 13 i.e. 1640-2900. The statement of pay scales in the subordinate service post which was filed on 14th August, 1991 by the Addl. I of the Commercial Taxes and Co-operative Department is pay scale No. 13 i.e. 1640-2900. The statement of pay scales in the subordinate service post which was filed on 14th August, 1991 by the Addl. Advocate General, shows the pay scales of various posts in the subordinate service, and as per this statement the highest pay scale in the subordinate service is scale No. 14 i.e. 2000-3200 in respect of the holders of the post of Group Inspector under the Rajasthan Technical Training Service Rules, 1975 and in respect of the Research Assistant under the Rajasthan Town Planning Subordinate Service Rules, 1974. The case of the petitioner is that there is no question of keeping lower pay scale for the members of the petitioner association as Legal Assistants/ Head Legal Assistants and they are entitled to higher pay scales in terms of the recommendations of the Committee referred to hereinabove. 12. I have considered the submissions made on behalf of both the sides. 13. The submissions of Shri B.L. Sharma claiming parity for the post of Legal Assistant with the posts of RAS, RPS, Rajasthan Accounts Service and the Rajasthan Judicial Service are not worth accepting. Merely because the qualification prescribed for direct recruitment to the RAS, RPS and Rajasthan Accounts Service is graduation and that for the post of Legal Assistant is graduation in law, it cannot be said that the post of Legal Assistant is comparable with the RAS, RPS and Rajasthan Accounts Service. Neither the standard at which the recruitment is held for the aforesaid services nor by duties which the holders of such posts of State Services are required to discharge are comparable with that for the post of Legal Assistants and, I am of the opinion that the posts where the services are required to be rendered in the field and which also involve the question of facing administrative problems and dealing with the public, the situation of law and order are not at all comparable with those of Legal Assistants. The argument of comparison of the post of Legal Assistant and that of Rajasthan Judicial Service also deserves to be out-rightly rejected. The argument of comparison of the post of Legal Assistant and that of Rajasthan Judicial Service also deserves to be out-rightly rejected. The syllabi which has been prescribed for the Rajasthan Judicial Service clearly indicates the stress on the practical knowledge and the skill of applying the law, the appreciation of the pleadings and evidence, the skill of judgment writing besides the papers of Hindi and English essay writing as a part of the paper of language in the syllabi prescribed for the Rajasthan Judicial Service. I find that it is too tall a claim to compare the post of Legal Assistants with that of the Rajasthan Judicial Service. The comparison is wholly misconceived and the submissions made in this regard are hereby rejected. 14. Without going into the controversy as to whether the post of Legal Assistant is a State Service post or a subordinate service post, because this controversy is a subject-matter of dispute in another writ petition No. 1565/1985 about which a reference has already been made above, so far as the post of Legal Assistant is concerned even if it is taken to be a post in the subordinate Service as was argued by the learned Addl. Advocate General with reference to the amendment in the Rules brought about on 27th July, 1985, notwithstanding the classification of this post continuing as State Service post under the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958, at least, this much is clear that for the purpose of pay scales with due regard to the recommendation of the Committee of men of eminence and expertise, as referred to in the earlier part of this judgment, it should be considered as the highest post in the subordinate service and should be treated at par with the post in the subordinate service carrying the highest pay scale. It is clearly borne out from the Rajasthan Civil Service (Revised Pay Scale) Rules, 1989, which have been deemed to have come into force from 1st September, 1988 that the highest pay scale in the subordinate service is pay scale No. 14 i.e. 2000-3200. In the statement, which has been filed on behalf of the respondent on 14th August, 1991, the post of Group inspector is the post under the Rajasthan Technical Training Subordinate Service Rules, 1975 and it carries the pay scale of Rs. In the statement, which has been filed on behalf of the respondent on 14th August, 1991, the post of Group inspector is the post under the Rajasthan Technical Training Subordinate Service Rules, 1975 and it carries the pay scale of Rs. 2000-3200 i.e. pay scale No. 14 and the post of Research Assistant in the Rajasthan Town Planning Subordinate Service Rules, 1974 also carries the pay scale of Rs. 2000-3200 i.e. pay scale No. 14. Even accepting the case of the respondents that the post of Legal Asstt. is no more a State Service post and it is a sub-ordinate service post, the post of Legal Assistant should have berm in the pay scale of 2000-3200 i.e. pay scale No. 14. Besides this, there are other posts viz. Inspector Revenue, Accountant, Police Inspector, Assistant Accounts Officer, Asstt. Research Officer, Programmer Computer and Tehsildar in the subordinate service carrying the pay scale No. 14 i.e. 2000-3200 as per Statement 'F' filed by the petitioner. The aforesaid posts are the posts of technical nature and Legal Assistant is also a post to be treated at par and for holders of this post, the qualification of graduation in law has been prescribed. 15. It is to be agreed on all hands that the duties which the Legal Assistants are required to discharge are of considerable importance as on the one hand, it requires a drafting skill and on the other hand, they are also advisory and do have considerable impact on the fate of the litigation by and against the State, as also the proposals which may be required to be made in the matter of amendment in the Rules. Reference in this connection may be made to the following observations made by the Division Bench of this Court in Ashok Saxena v. The State of Rajasthan & ors. DBCW No. 1065/89 decided on 1st August, 1988 . "The Government should seriously consider fixing accountability of passing such illegal orders thereby burdening the State Exchequer with unnecessary expenses. Perhaps in all Departments there are Legal Assistants who are under the Law Secretary, Government of Rajasthan and if their opinion is sought, perhaps these cases will not arise and thereby action only in accordance with law is likely to be taken. It will also save valuable time of this Court. 16. Perhaps in all Departments there are Legal Assistants who are under the Law Secretary, Government of Rajasthan and if their opinion is sought, perhaps these cases will not arise and thereby action only in accordance with law is likely to be taken. It will also save valuable time of this Court. 16. Now, coming to the question of holders of the post of Head Legal Assistant, I find that the post of Head Legal Assistant is at present a post in the pay scale No. 14 i.e. 2000-3200 under the Rajasthan Civil Services (Revised Pay Scales) Rules, 1989, which is a post two pay scales higher than that of the Legal Assistant, which is a post carrying pay scale No. 12 i.e. 1400- 2600. Thus, from a reasonable standard, the post of Head Legal Assistant should be a post in two pay scales higher than the post of Legal Assistant and, once it is held that the post of Legal Assistant should be a post in the pay scale of 2000-3200 i.e. pay scale No. 14, it must follow as an essential concomitant that the post of Head Legal Assistant should be a post in the pay scale No. 16 i.e. 2200-4000. 17. Shri Khan the then Addl. Advocate General had argued that this Court cannot go into the question of reasonableness of the pay scale prescribed for the post of Legal Assistant and this Court cannot issue a writ of mandamus in the matter of pay scales. On the other hand, Shri B.L. Sharma submitted that the reasonability of pay scales can be looked into in such matters with reference to Article 14 and 16 of the Constitution of India and that a mandamus even to amend rules with regard to pay scales had been issue by the Rajasthan High Court in the case of S.K. Ghosh v. State of Rajasthan , 1984 RLR 966 , and Padam Kumar Jain, President, RJS Association v. State of Rajasthan, 1987 (2) RLR 807 . 18. 18. I have considered the submissions made by the parties and I am of the opinion that in the facts and circumstances of a given case, if the Court comes to the conclusion that the respondents are not acting reasonably and they are not even prepared to make an objective consideration of the recommendations made by the Committee of men of eminence and expertise appointed by the Government itself; the employees who are the subjects of the State cannot be left in lurch; it is a question of awarding socioeconomic Justice which is the very bed-rock of our Constitution. The Preamble of the Constitution of India speaks of socioeconomic Justice and in order to achieve the object of the Constitution which we cherish the most, the arms of this Court under Article 226 of the Constitution of India must reach whenever and wherever in Justice is being done. When the right of equality, life and liberty is being denied, when the State itself seeks to ignore or refuse to consider and turn a deaf ear to the recommendations made by expert bodies, the Committee with men of considerable expertise in the relevant field are appointed by the Government itself and then their reports are thrown in the stores and there is total inaction and want of application of mind to such recommendations which are obtained from the Committees after spending a sizeable amount from the State Exchequer, this court cannot act as a silent spectator. In the case of S.K. Ghosh v. State of Rajasthan (supra), a clear mandamus was issued directing the respondents to amend the High Court Staff Rules, or otherwise make an executive order in the matter of posts and pay scales, and a Division Bench in Padam Kumar Jain (President, RJS Association) v. State of Rajasthan (supra) categorically held, in para 50, while dealing with the same objections of the Additional Advocate General viz. no amendment can be issued in the matters of pay scales, that the objection raised by the State does not survive in view of the decision in the case of S.K. Chosh (supra), which was approved by the Division Bench and special leave petition filed against the above decision of the Division Bench before the Supreme Court was dismissed. no amendment can be issued in the matters of pay scales, that the objection raised by the State does not survive in view of the decision in the case of S.K. Chosh (supra), which was approved by the Division Bench and special leave petition filed against the above decision of the Division Bench before the Supreme Court was dismissed. In the case of Padam Kumar Jain v. State of Rajasthan (supra), the Division Bench in order to do Justice to the Rajasthan Judicial Officers directed that the ordinary scale, senior scale, selection scale and super-time scale shall be allowed to the officers of the Rajasthan Judicial Service on almost identical basis on which such pay scales had been given to RAS Officers. Thus, the decision in the case of S.K. Ghosh (supra) was relied upon by the Division Bench in the case of Padam Kumar Jain (supa) wherein the direction had been issued to grant ordinary scale, senior scale, selection scale and super time scale to the officers of the Rajasthan Judicial Service on the parity with the Rajasthan Administrative Service Officers. On the reasoning as aforesaid, I do not find any difficulty in directing the respondents to act in accordance with the recommendations of the Committee which was appointed way back in the year 1973 known as Legal Service, Legal Aid and Law Service Committee headed by the then Advocate General, Dr. L.M. Singhvi which gave its report way back on 19th June, 1975. In such matters, if the Government does not even consider the recommendations of a Committee headed by its own Advocate General made after discussing matters with persons of high legal and judicial acumen and of national eminence, it cannot be said that the Government is acting reasonably, rather one is left to conclude that despite the recommendations of such an expert body, the Justice is being denied by the State to its own employees which has a telling effect and results not only leading to frustration and stagnation and consequential adverse effect on the efficiency but also upon the fate of the State litigation and the litigation increases rather than being minimised. No justification has been given for not adhering to the recommendations of the Committee. No justification has been given for not adhering to the recommendations of the Committee. No reason much less any convincing reason has been shown for putting these recommendations in oblivion and, I am of the considered opinion that in such cases neither the executive should have the courage to say that the recommendations made by the Committee deserve to be discarded for such and such reasons, or else it should not hesitate to implement the same so as to take it to its logical and rather than keeping the issue pending and avoiding a question which has to be faced. To be mute and indifferent to an issue is neither a cure nor the solution of the problem. 19. In the peculiar facts and circumstances of the case, this writ petition is allowed and the respondents are directed to give due regard to the recommendations made by the Committee headed by then Advocate General of the State namely Dr. L.M. Singhvi and made appropriate, provisions accordingly so as to give pay scale No. 14 i.e. 2000-3200 to the holders of the post of Legal Assistants and pay Scale No. 16 i.e. 2200-4000 to the holders of the post of Head Legal Assistant from 1st September, 1988 i.e. the date from which the Rajasthan Civil Services (Revised Pay Scale) Rules, 1989 were deemed to have come into force. The directions as above shall be carried out as early as possible, but in no case later than a period of three months from the date the certified copy of this order is made available to the respondent. 20. The writ petition is allowed as indicated above with no order as the costs.Petition allowed. *******