JUDGMENT - R.K. BATTA, J.:---The petitioners were working as Head Surveyors/Classers in the pay scale of Rs. 1400-2300 in the Land Survey Department, where they were declared surplus. The petitioners along with other surplus Head Surveyors, were given option to either work in a lower post in the said Department, that is the Land Survey Department or to opt for deployment in some other Government Departments. The petitioners opted for deployment in Irrigation Department to the posts of Field Surveyor, which posts were in the pay scale of Rs. 1200-2040. Thus the said posts were in lower scale than the scales in which the petitioners were working prior to being declared as surplus. However, in terms of Rule 4 of the Redeployment of Surplus Staff Rules (hereinafter called as "the said Rules"), the pay scales of the petitioners were protected. This protection of pay was denied to the Surplus Head Surveyors who were absorbed in the lower posts in the Land Survey Department, as a result of which, the said Head Surveyors filed a Writ Petition 231/1988 and in this writ petition, it was held that the Head Surveyors who were absorbed in the Land Survey Department, were also entitled to protection of pay in terms of the said Rules. Some of the Head Surveyors who had been declared surplus in the Land Survey Department, were deployed in the Forest Department and some of them to the P.W.D. The Head Surveyors who were absorbed in the Forest Department were given pay scale of Rs. 1400-2300, but the Head Surveyors who were absorbed in the P.W.D. were given pay scale of Rs. 1200-2040 like the present petitioners. 2. The Government of Goa had introduced a Time Bound Promotional Scale Scheme with effect from 1-6-1989 and those employees who were stagnating for 12 years in a post and had not secured promotion, were entitled to the Time Bound Promotional Scale of the next promotional post. The petitioners claim that they had completed more than 12 years of service as on 1-6-1989 and represented to the Government for Time Bound Promotional Scale, but the request was turned down. However, the Head Surveyors who had been deployed in the Forest Department, were granted the Time Bound Promotional Scale vide order dated 27-7-1990. The petitioners claim that they had completed more than 12 years of service as on 1-6-1989 and represented to the Government for Time Bound Promotional Scale, but the request was turned down. However, the Head Surveyors who had been deployed in the Forest Department, were granted the Time Bound Promotional Scale vide order dated 27-7-1990. The petitioners again represented to the Government of Goa on 29-10-1990 for the arbitrary denial of Time Bound Promotional Scale to them, but the representation of the petitioners was, once again, turned down vide communication dated 5-11-1990 in view of the Clarification No. 17 contained in the O.M. dated 22-12-1989. Thereafter, the petitioners also continued to represent their claim for the Time Bound Promotional Scale and ultimately, after giving legal notice, this writ petition was filed. In the meantime, the Head Surveyors who had been absorbed in the P.W.D. were also granted the Time Bound Promotional Scale vide order dated 7-3-1991. The petitioners claim that their case and those Head Surveyors who had been absorbed in the P.W.D. is, in no way, different since both the categories had been absorbed in lower pay scale of Rs. 1200-2040, but the Head Surveyors who were absorbed in P.W.D. have been given Time Bound Promotional Scale with effect from 7-3-1991 which had been denied to the petitioners. The petitioners, therefore, claim that the action of the Government in denying the Time Bound Promotional Scale is violative of Article 14 of the Constitution of India being discriminatory, arbitrary and unconstitutional. The petitioners, thus, seek directions for grant of Time Bound Promotional Scale with effect from 1-6-1989 along with other consequential benefits and for a declaration that Clause 17 of O.M. dated 22-12-1989 is arbitrary, unconstitutional, ultra-vires and that the respondents be refrained from denying the Time Bound Promotional Scale to the petitioners on the basis of Clause 17 of the O.M. dated 22-12-1989. 3. Learned Advocate Shri M.S. Sonak placed before us the facts which we have already enumerated and urged that the pay protection which is granted to the petitioners is under Rule 4 of the said Rules, which are framed under Article 309 of the Constitution of India and have statutory force and the Office Memorandums are executive instructions which cannot be read or interpreted to render pay protection granted under the statutory rules as illusory, which has been done in the case under consideration. He also pointed out that it is only in the fortuitous circumstance that some of the Head Surveyors who had been declared surplus from the Land Survey Department along with the petitioners had been deployed in the P.W.D. in the lower pay scale of Rs. 1200-2040 like the present petitioners, but the said Head Surveyors deployed in the P.W.D. have been granted the benefit of Time Bound Promotional Scale and as such, there is no reason or justification to deny the said scale to the petitioners and denial of the same is arbitrary, unreasonable and unconstitutional. He further pointed out that in fact Clause 17 of the O.M. dated 22-12-1989 itself is directory and advisory in nature and that the Government has to examine the cases of the employees falling under Clause 17 on its own merits. 4. Learned Government Advocate Shri H.R. Bharne submitted before us that the employees who were deployed from the Land Survey Department to P.W.D. after being surplus, were not Head Surveyors, but they were Field Surveyors in the pay scale of Rs. 1200-2040 and they were deployed to P.W.D. in lower pay scale of Rs. 950-1500, but in view of Rule 4 of the said Rules, their pay scale of Rs. 1200-2040 was protected. He, therefore, submits that the petitioners' case cannot be compared with that of the surplus employees who were deployed to P.W.D., because initially, those employees were in the pay scale of Rs. 1200-2040, whereas, the petitioners, as Head Surveyor, were in the pay scale of Rs. 1400-2300. 5. The basic question which is required to be determined is whether the Government was justified in denying the Time Bound Promotional Scale to the petitioners. The scale was denied in view of Clarification No. 17 of O.M. dated 22-12-1989. The said clarification, reads as under : "17. 1400-2300. 5. The basic question which is required to be determined is whether the Government was justified in denying the Time Bound Promotional Scale to the petitioners. The scale was denied in view of Clarification No. 17 of O.M. dated 22-12-1989. The said clarification, reads as under : "17. Whether the T.B.P.S. Since such employees are is to be granted to presently getting the employees, who having the benefit declared surplus are re- of higher pay deployed, against lower scale while dis- pay scale and allowed to charging the carry higher scale of the duties of lower previous post as per to him post, granting of still higher scale is not advisable." The Time Bound Promotional Scale for Group 'C' and Group 'D' employees was introduced with laudable object that those employees who were stagnating for a period of 12 years in the same post and had not got any promotion should be granted next promotional scale. This scale was termed as "Time Bound Promotional Scale". The scheme was brought into effect from 1-6-1989. The petitioners were working as Head Surveyors in the Land Survey Department in the pay scale of Rs. 1400-2300 prior to their being declared surplus. They opted deployment outside the Department and were absorbed against lower posts in the Irrigation Department, which posts carried pay scale of Rs. 1200-2040. However, in view of section 4 of the said Rules, the pay scale which the petitioners had in the Land Survey Department, was protected and they continued in the pay scale of Rs. 1400-2300 even though they were deployed against lower posts carrying pay scale of Rs. 1200-2040. This pay protection was given to the petitioners in terms of Rule 4 of the said Rules which are statutory Rules. Once this pay protection is given, this protection has to be treated for all purposes, including for the purpose of Time Bound Promotional Scale. The effect of clarification issued under serial No. 17 of O.M. dated 22-12-1989 is that the pay protection which had been granted to the petitioners under Rule 4 of the said Rules would become totally illusory in case it is held that they are not entitled to the Time Bound Promotional Scale since they were actually deployed in a post carrying lower pay scale. Once the pay is protected and a person has worked in the post where his pay is protected for a period of 12 years, he would, in our opinion, be entitled to next time bound promotional scale, taking into consideration his protected pay scale, which means that the petitioners would be entitled to the Time Bound Promotional Scale of Rs. 1600-2660. Even, otherwise, the clarification at Serial No. 17 is directory in nature and the Government was expected to examine the case of the petitioners on merits, but their claim was rejected merely on the ground that it was not permissible in terms of clarification at Sr. No. 17 of the O.M. dated 22-12-1989. 6. Moreover, in case of Field Surveyors in pay scale of Rs. 1200-2040 on being deputed to P.W.D. to lower post carrying pay scale of Rs. 950 - 1500 were similarly granted pay protection of Rs. 1200-2040 and they have been given T.B.P. scale of Rs. 1350-2200 which is the next scale. On same anology the petitioners would be entitled to next scale of Rs. 1600-2660 as T.B.P.S. If the same is declined to them, it would amount to discrimination under Article 14 of the Constitution. 7. In these circumstances, we are of the opinion that the petitioners are entitled to the Time Bound Promotional Scale of Rs. 1600-2660 with effect from 1-6-89 with all other consequential benefits. The writ petition is, accordingly, allowed in the aforesaid terms, with costs. The costs are quantified at Rs. 2,000/-. The rule is made absolute in the aforesaid terms. The arrears due under this order shall be payable within four months from today. Fifty percent of the arrears shall be deposited in the G.P.F. Account of the petitioners and the balance 50% shall be paid to them in cash. Petition allowed.