JUDGMENT 1. (Oral) - This writ petition has been filed in this court under Article 226 of the Constitution of India in the matter of interpretation of the relevant provisions of the Rajasthan Municipalities Sub-ordinate and Ministerial Service Rules, 1963. The brief facts of the case are that the petitioner No. I was initially appointed as Sub- Nakedar in the Municipal Board, Sawaimadhopur w.e.f. 25th March, 1975 and there- after he was promoted on the post of the Nakedar w.e.f. 6.5.1977 and was confirmed on that post in the aforesaid Municipal Board which is presently Municipal Council. 2. That the petitioner No. 2 was initially appointed on 1.10.1955 as Class-IV servant in the Municipal Board, Sawaimadhopur and thereafter promoted as Sub-Nakedar w.e.f. 16.2.1966. Further he was promoted as Nakedar w.e.f. 15.5.1972 and confirmed with effect from 25.5.1975 in the aforesaid Municipal Board (at present Municipal Council). 3. That the petitioner No. 3 was initially appointed as Class IV servant w.e.f. 1.7.1961 in the Municipal Board, Sawaimadhopur (at present Municipal Council) and thereafter promoted as Sub-Nakedar with effect from 16.2.1966-Further he was promoted as Nakedar with effect from 15.5.1972 and confirmed with effect from 21.5.1975 on the post of Nakedar in the aforesaid Municipal Board. The petitioner No. 4 was initially appointed as Moharir on 29.4.1967 and confirmed as Nakedar w.e.f. 12.1.77. 4. It has been contended by the learned counsel for the petitioners that the petitioners were initially appointed in the Municipal Board, Sawaimadhopur at present Municipal Council and since then they are working in the same Municipal Board/Council and they fulfil the requisite qualifications for promotion on the post of Assistant Revenue Inspector. The performance of the petitioners has throughout been satisfactory and no adverse remarks have ever been communicated to the petitioners. Thus, the service record of the petitioners is unblemished. 5. It has been further contended by the learned counsel for the petitioners that the petitioners were promoted on ad hoc basis on the post of Assistant Revenue Inspector in terms of order dated 3.6.86 passed by the Administrator, Municipal Council, Sawaimadhopur, by which notwithstanding promotions given to the petitioners, regarding the applicability of pay scale admissible for the said post, it was mentioned that the same would not be given to them unless the sanction from the Government is obtained and also an undertaking to this effect was obtained from the petitioners. It has been further contended that after their promotions on ad hoc basis w.e.f. 3.6.86, the petitioners have been discharging their duties as Assistant Revenue Inspectors and that they had not been allowed the pay scale of the post of Assistant Revenue Inspector i.e. Rs. 395- 1720. The petitioners are entitled for the regular pay scale of the said post w.e.f. 4.6.86. It has been further contended by the counsel for the petitioners that the post of Assistant Revenue Inspector was available at the time of promotion of the petitioners and the said post were sanctioned for the budget year 1988-89 vide order dated 28.4.1988 and that no separate administrative sanction was required which is evident from the letter dated 9.6.1973 issued by the Deputy Secretary, Local Self Government Department. 6. Learned counsel for the petitioners further argued that even otherwise when the regular pay scale was duly admissible to other employees of the Municipal Establishment, there is no reason for denying the said pay scales to the petitioners and it is obligatory for the non-petitioners to allow the pay scale which is admissible for the said post on which they are discharging their duties. Alternatively, it was argued that even otherwise as per the terms of order dated 9.6.73 issued by the State Govt. no further sanction was required for the pay scale and that the action of the non-petitioners is in violation of the Government circular of the said date. It was further contended on behalf of the petitioners that the condition of submitting the undertakings in the promotion order dated 3.6.86 is absolutely illegal, uncalled for and contrary to the Rules. Consequently, the petitioners have prayed before this Court that the non- petitioners be directed to give the regular pay scale to the petitioners as admissible to them for the post of Assistant Revenue Inspector w.e.f. 4.6.86 or on such other alternative date which this Court deems fit and proper. 7. In reply to the aforesaid contentions advanced by the learned counsel for the petitioners, learned counsel for the respondents has averred that the promotion order of the petitioners was subject to the fulfilment of condition precedent which had been accepted by the petitioners. 8. Since no post of Assistant Revenue Inspector was available with the non-petitioners, so promotion order issued was subject to the said condition. 8. Since no post of Assistant Revenue Inspector was available with the non-petitioners, so promotion order issued was subject to the said condition. It was further submitted on behalf of the non-petitioners that the petitioners had accepted the said condition and had started working in terms of the order dated 3.6.86 and had further submitted and undertaking to this effect. The respondents, however, have not disputed the fact that the payment of salary to the petitioners was made in accordance with the order dated 3.6.86 and it is further not disputed by the respondents that five posts of Assistant Revenue Inspector were sanctioned in the budget year 1988-89 vide order dated 28.4.1988. It has been submitted that whenever the post is not sanctioned in the budget then the administrative sanction is required and particularly when no post is available at the time of promotions of the petitioners such sanction was sought by the respondents and consequent to the same, the posts were sanctioned in the financial year 1988-1989. 9. By way of additional pleas, respondents have contended in their reply that the petitioners were promoted on ad hoc basis when no posts were available of the Assistant Revenue Inspector and that the posts were sanctioned in the budget year 1988-1989 and thereafter the petitioners had not raised any demand for giving regular pay scales. 10. After hearing the learned counsel for the parties and examining their rival contentions and also on perusal of the documents placed on record, I am of the considered opinion that the petitioners who were appointed on ad hoc basis as Assistant Revenue Inspectors, are entitled for the regular pay scale as admissible to the Assistant Revenue Inspector for the budget 1988-89 inasmuch as it is admitted position on record that five posts of Assistant Revenue Inspector were sanctioned in the terms of the order dated 28.4.1988. I am further of the view that it will be wholly unjust and improper both in law and equity to deny the regular pay scales of Assistant Revenue Inspector to the petitioners who have been discharging their duties regularly w.e.f. the date when they have been given promotion i.e. 24.8.1988. I am further of the view that it will be wholly unjust and improper both in law and equity to deny the regular pay scales of Assistant Revenue Inspector to the petitioners who have been discharging their duties regularly w.e.f. the date when they have been given promotion i.e. 24.8.1988. It is wholly misconceived on the part of the respondents to aver that because of administrative difficulties and for the some other extraneous consideration, the payment in the admissible pay scale could not be made to the petitioners, which action of the respondents is grossly violative of the petitioners fundamental rights under Articles 14 and 16 of the Constitution of India. 11. I am further of the opinion that any such condition which was imposed by the respondents on the petitioners at the time of their promotions to the post of Assistant Revenue Inspector is highly arbitrary, illegal and unjust and deserves to be struck down as void and unconstitutional. 12. In the result, this writ petition is allowed, with the direction to the respondents too fix the petitioners in the pay- scale of Assistant Revenue Inspector with effect from 4.6.1986 as admissible to them in accordance with Rules when the petitioners were promoted on the said post from the posts of Nakedars within a period of 3 months from today. The parties are left to bear their own costs.Petition allowed. *******