JUDGMENT : V. M. Sahai, J. The petitioner was selected and appointed on 1.12.76 as collection amin in accordance with the U. P. Collection Amins Service Rules. 1974 (in brief Rules). He completed ten years service on 1.12.87 and was granted selection grade w.e.f. 1.1.85 under the orders passed by Board of Revenue [in brief Board) and was placed in the pay scale of Rs. 345-515. The pay was revised to Rs. 950-1.500. On 12.4.90 the Government Issued an order on the subject of promotional pay to the collection amins. Paragraph 2 of the order stated that under the 'Eikikrtt Sangrah Yojna', the collection amins after completion of 6 years service in selection grade would be entitled to promotional pay scale of Rs. 975-1,600. Since the petitioner had completed 6 years service in selection grade, he was placed in this pay scale. On 3.9.94 the Government issued another order on recommendation of parity committee and pay scale of collection amins was upgraded from Rs. 950-1,500 to 975-1,660. The pay thus granted earlier as promotional pay became basic pay. 2. The post of Naib Tehsildar under The Subordinate Revenue Executive Service Rules (Naib Tehsildar) Rules, 1944 is the promotional post of collection amins. The pay scale of Naib Tehsildars in 1989 was fixed at Rs. 515-860. It was revised under Government orders issued from time to time to Rs. 1,400-2.300 and then to Rs. 1,640-2,900 on 6.9.97 and finally to Rs. 5,500-9,000 by the Fifth Pay Commission. 3. The petitioner has been approved for appointment as Nalb Tehsildar. He is at serial No. 22 in the Board's list. In the meantime, he claims that he is entitled to next promotional scale that is the scale of Naib Tehsildar by virtue of Board's order dated 23.1.89. He alleges that In fact the Additional District Magistrate on 8.3.95 granted him the scale of Naib Tehsildar Rs. 1,400-2,300 w.e.f. 1.1.91 but the District Magistrate while deciding the representation of another collection amin on direction of this Court dated 9.2.98 in Writ Petition No. 3856 of 1998 not only rejected his representation but even amended the order of Additional District Magistrate and directed the collection amins Including the petitioner to be placed in the scale of Rs. 1,200-2.040. The correctness of this order dated 3.4.98 is challenged in this writ petition. 4. 1,200-2.040. The correctness of this order dated 3.4.98 is challenged in this writ petition. 4. In the counter-affidavit, it is claimed that Board did direct on 23.1.89 to grant selection grade and promotional scale to collection amins but it was made subject to Administrative orders approved by the Finance Department. It is stated that no such order was issued to grant the scale of Naib Tehsildar to selection grade amins. It is further stated that the next promotional scale of collection amins is Rs. 1,200-2,040 as has been pointed out by the audit party in its report. Therefore. the claim of petitioner was not correct. Two supplementary counter-affidavits have also been filed. In the first filed in December, 1998 copy of the order passed on 9.2.98 deciding C. M. Writ Petition No. 3856 of 1998 directing District Magistrate Allahabad to decide representation of collection amin and letter dated 23.12.93 by which scale of Rs. 975-1.660 was granted to collection amin by G.O. dated 12.4.90 have been annexed. In the second, filed in May. 1999, the different pay scales fixed on recommendation of pay committee since 1.1.96 has been filed. 5. I have heard Shri H. N. Singh the learned counsel for the petitioner, Shri Pradeep Kumar learned Additional Chief Standing Counsel and Shri Vikas Chandra Tripathi Standing Counsel for the respondents. The issue that requires determination is whether the petitioner is entitled to the scale of Naib Tehsildar which admittedly is the promotional scale for collection amins under the rules or he is entitled to next higher scale in grades fixed for employees. The respondents have filed a list along with supplementary counter-affidavit showing the scales of pay existing prior to 1.1.96 and the new scales operative from 1.1.96. Earlier there were 39 pay scales. They have now been reduced to 23. It is necessary to reproduce serial Nos. 8 to 18 : S.N Pay scale prior to 1.1.96 Revised pay scale from 1.1.96 8. 975-25-1150-Da Ro-30-1660 3200-85-4900 9. 1200-30-1440-Da Ro 30-1800 4000-100-600 10. 1200-30-1560-Da Ro 40-2040 11. 1200-30-1560-Da Ro 40-2040 12. 1350-30-1440-40-1800-Da Ro 50-2200 4500-125-7000 13. 1400-40-1800-Da Ro- 50-2300 14. 1400-40-1800-Da Ro- 50-2400 4500-125-7250 15. 1440-40-1600-50-300-Da Ro- 60-2600 16. 1600-50-2300-Da Ro- 60-2600 5000-150-8000 17. 1600-50-2300-Da Ro- 60-2600 18. 1640-60-2600-Da Ro- 75-2900 5500-175-9000 6. In the hierarchy of scales of pay, the scale of Rs. 1.200-2,400 is the next scale above what petitioner was getting prior to 1.1.96. 1200-30-1560-Da Ro 40-2040 12. 1350-30-1440-40-1800-Da Ro 50-2200 4500-125-7000 13. 1400-40-1800-Da Ro- 50-2300 14. 1400-40-1800-Da Ro- 50-2400 4500-125-7250 15. 1440-40-1600-50-300-Da Ro- 60-2600 16. 1600-50-2300-Da Ro- 60-2600 5000-150-8000 17. 1600-50-2300-Da Ro- 60-2600 18. 1640-60-2600-Da Ro- 75-2900 5500-175-9000 6. In the hierarchy of scales of pay, the scale of Rs. 1.200-2,400 is the next scale above what petitioner was getting prior to 1.1.96. To put it differently between the pay of collection amins and Naib Tehsildars. there was one more pay scale above the collection amins but below the Naib Tehsildars. Can the petitioner be placed in pay scale of Rs. 1.400-2,300 which is one scale above Rs. 1,200-2,040 merely because Naib Tehsildar is the promotional post of collection amin. For this, it is necessary to examine the Board's order dated 23.1.89 as the petitioner has based his claim on it. The order states that the Government in its order dated 6.11.85 has taken a decision that if the employee has worked satisfactorily in selection grade for six years, he will be entitled to next promotional pay scale. In paragraph 3 of the order, it was clarified that the next promotional pay scale of collection amins after completion of selection grade was the pay scale of Naib Tehsildars Rs. 515-860. But paragraph 2 made it subject to administrative orders. Admittedly no order was issued. Why it was not issued is not material. May be because the pay scale of collection amins was revised in the meantime and it was fixed at Rs. 950-1.500. And on 12.4.90 the next promotional pay was granted and those collection amins who had completed 6 years in selection grade were placed in scale of Rs. 975-1.660. The claim of the petitioner thereafter based on the order issued on 23.1.89 has no relevance except probably that the petitioner desires to get benefit of paragraph 3 which clarifies that next promotional post of collection amin is Naib Tehsildar. But that was when the scale of Naib Tehsildar was 515-860. No effort has been made to establish what was the pay scale of Nalb Tehsildar when the Government fixed the promotional pay of collection amins at Rs. 975-1,660. Was it Rs. 975-1.660 or some other. Was it the basic pay of 'Nalb Tehsildar or some scale in between. If it was not the basic pay of Nalb Tehsildar. then it cuts across the argument of learned counsel for the petitioner. 975-1,660. Was it Rs. 975-1.660 or some other. Was it the basic pay of 'Nalb Tehsildar or some scale in between. If it was not the basic pay of Nalb Tehsildar. then it cuts across the argument of learned counsel for the petitioner. In paragraph 7 of the writ petition, it is mentioned that scale of Naib Tehsildar was revised from Rs. 515-860 to RS. 1.400-2,300. The petitioner never claimed that the promotional pay fixed at Rs. 975-1,660 was not in accordance with Board's order of 23.1.89 and it should have been fixed at Rs. 1.400-2,300. There was enough time for the petitioner to do so as the promotional pay given to the collection amins in 1990 became basic pay in 1994 only. If the petitioner was satisfied in 1990 with grant of higher scale only and not of Naib Tehsildar, he cannot now claim that since post of Naib Tehsildar Is promotional post of collection amins under the rules, he should be allowed that scale as was provided in Board's order dated 23.1.89. 7. Further the policy of granting promotional pay to the employees of selection grade under Government Order issued in 1989 was terminated w.e.f. 1.3.95 by an order dated 8.3.95 filed as Annexure-4 to the writ petition. The order is very important. It laid down new policy. It reduced the period of service including 6 years in selection grade to 14 years instead of 16 years for grant of next promotional scale. The order provides that in those cadres where there was no promotion post, the employee would be entitled to the next pay-scale above the pay scale in which he was working. It is explained by an illustration. It states that if the basic scale was Rs. 1,200-2,040, the employee would be entitled to Rs. 1,350-2.200. That is the next scale in the list extracted above. This completely demolishes the claim of the petitioner. It is no more linked with the higher cadre or the next promotional post but to the next higher pay scale in the hierarchy of pay fixed by the Government. Since the scale of Rs. 1.200-2.040 was next higher scale over and above the pay scale of the petitioner, the District Magistrate did not commit any error in fixing the pay scale of petitioner at Rs. 1,200-2,040. 8. In the result this writ petition fails and is dismissed. Since the scale of Rs. 1.200-2.040 was next higher scale over and above the pay scale of the petitioner, the District Magistrate did not commit any error in fixing the pay scale of petitioner at Rs. 1,200-2,040. 8. In the result this writ petition fails and is dismissed. But there shall be no order as to costs.