JUDGMENT 1. The petitioner-respondent filed a writ petition under Art.226 of the Constitution of India challenging the legality and validity of his absorption in Public Health & Engineering Department of the Govt. of Rajasthan on the post of Weldor Gr.II in the pay scale of Rs. 295-500 retrospectively with effect from 8.1.1981. 2. The case of the petitioner is that the persons who were appointed later on and were junior to him at S. Nos. 26 to 36 in the seniority list dated 23.10.1989 in his parent Department viz., Ground Water Department had been retained in the Ground Water Department and he has been declared as surplus ahead of them which is contrary to the Rules and violative of Arts. 14 and 16 of the Constitution of India. According to the petitioner, he was appointed in his parent Department on the post of Welder and there was only one cadre of Welder in the pay scale of Rs. 370.590 whereas he has been absorbed on the post of Welder in the lower pay scale of Rs. 295-500, which by way of absorption could not have been made as it amounts to penalty of reduction in rank. 3. The service graph of the petitioner-respondent, which is not in dispute, shows that in the first instance, the petitioner-respondent was appointed on the post of Welder in the pay scale of Rs. 370-590 in the Ground Water Department Annexure/1 dated 21.3.1980. He was sent on deputation to Public Health and Engineering Department vide order [Annexure/2] dated 8.1.1991. The seniority list of Welders in his parent Department came to be published on 23.10.1990, in which he was shown at item No. 25. Thereafter, he was confirmed on the post of Welder in the pay scale of 370-590 vide order Annexure/4 dated 6.9.11 with effect from 8.8.1991. After his confirmation on the post of Weldor in the pay scale of. Rs. 370-590, he was declared surplus and was absorbed in Public Health & Engineering Department vide order Annexure/7 dated 20.12.1991 where he was already working on deputation, which is purported to have been issued in pursuance of the directions given by this Court in S.B. Civil Writ Petition No. 4993 of 1991, Bhanwarlal Choudhary v. State of Rajasthan alongwith connected matter decided on 20.11.1991. 4. 4. The petitioner-respondent has challenged the order Annexure/7 dated 20.12.1991 and has also prayed for the directions that he may be continued in the existing pay scales. In the alternative, he has also prayed that he may be repatriated to his parent Department. 5. The learned single Judge vide his order dated 7.9.2001, which is under challenge in this appeal, allowed the writ petition and quashed the impugned order declaring the petitioner as surplus and absorbing him in Public Health and Engineering Department by finding that his absorption was not in consonance with the circulars issued by the State Govt. governing such absorptions of surplus personnels. 6. This appeal has been preferred on behalf of Ground Water Department of the Govt. of Rajasthan. It has been contended primarily that since the petitioner-respondent has not challenged his absorption order, he cannot be directed to be repatriated to his parent Department. However, the appellant does not quarrel with the relief that the petitioner-respondent may be allowed to be absorbed on the post equivalent to the post held by him in Ground Water Department carrying the same pay scale. In fact, the learned counsel for the respondent State has also no objection to this part of the relief that the petitioner-respondent may be directed to be fixed on his absorption on the post of Welder in Public Health & Engineering Department in the same pay scale in which he was appointed and confirmed in his parent Department. 7. It cannot be doubted that by methodology of absorption of surplus employees from parent Department to some other Department, the incumbent cannot be reduced in rank nor his pay scale can be reduced when the like post in same pay scale is available in the Department where he is absorbed. The balancing of scales with protection of pay is permissible in case when equivalent post in the same pay scale is not available in the absorbing Department. In such event according to Absorption Rules, equation of posts in two Departments had to be done by the competent authority. This also cannot be doubted that when for administrative reasons, the State Govt. In such event according to Absorption Rules, equation of posts in two Departments had to be done by the competent authority. This also cannot be doubted that when for administrative reasons, the State Govt. decides to declare certain employees as surplus and further seeks to absorb them in other Departments, the principle that junior most in the parent Department ought to be declared surplus in advance before the seniors are declared surplus to be absorbed elsewhere, otherwise it would result in violation of Arts. 14 and 16 of the Constitution and it would also amount to change in the terms of employment denying equal opportunities in the matters affecting persons who have been borne on the cadre earlier adversely for no fault of theirs. 8. Be that as it may, since there is no dispute that the petitioner was appointed on the post of Welder in the pay scale of Rs. 370-590 in the Ground Water Department and was confirmed on that post in that Department and there is no dispute also that the post of Weldor in the same pay scale is available in the Public Health & Engineering Department also, the petitioner-respondent ought to have been absorbed in the corresponding post in the same pay scale and he could not have been absorbed on a lower post in the lower pay scale. It was not a case where equivalent post was not available in the absorbing Department. The fact that in the absorbing Department, two cadres of Welders are existing in Gr. I and Gr. II, of which Gr. I is in the pay scale of 370-590 and Gr. II in pay scale of Rs. 295-500 by itself does not justify to absorb the petitioner on lower grade because in the parent Department there was only one Grade of Welders in pay scale of Rs. 370-590. It is to be noticed that the cadre of welders in Ground Water Department was one integrated cadre and no Welders post was promotion post. For this reason alone, no justification can be accepted for placing a Welder of integrated post of the pay scale of Rs. 370- 590 to a post of Welder in the lower pay scale of Rs. 395- 500. 9. For this reason alone, no justification can be accepted for placing a Welder of integrated post of the pay scale of Rs. 370- 590 to a post of Welder in the lower pay scale of Rs. 395- 500. 9. The arbitrariness is further apparent from the fact that admittedly the petitioner was a member of Ground Water Department until impugned order was passed on 20.12.1991 and he was a confirmed Welder of Ground Water Department in the pay scale of Rs. 370-590 [as was in vogue at the time of appointment] and as on that date, Welders junior to the petitioner were also working in Ground Water Department as alleged by the petitioner-respondent. As many as 11 persons in seniority from item Nos. 26 to 36 were retained in the parent Department in the pay scale of Rs. 370-590 but by making an order of retrospective effect by executive order, the petitioner was not only declared surplus ahead of his juniors, his pay scale too was reduced retrospectively with effect from 8.1.1986 for no reason or rhyme, purely on the ground that he was sent on deputation with effect from 8.1.1981. If that were the valid reasons for giving effect to absorption order, if cannot be any ground for reducing pay scale when until the date of absorption, the petitioner was entitled to draw his pay in the pay scale of Rs. 370- 590 only. A person on deputation from parent Department cannot be put in a lower pay scale by retrospective date to give benefit to those who entered the service in parent Department after that date. Even the Court direction quoted in the reply goes to show that on abolition of post in parent Department, the corresponding posts were directed to be created in Absorbing Department. 10. However, the learned counsel for the petitioner-respondent has no objection if in stead of setting aside the order of absorption in toto, the petitioner-respondent is allowed to be retained in Public Health & Engineering Department in the pay scale in which he was initially appointed in his parent Department. About this aspect of matter, no issue has been joined by any of the learned counsel for the parties. Rather, it was suggested by the learned counsel appearing for the appellant Ground Water Department and the respondent Public Health & Engineering Department. 11. About this aspect of matter, no issue has been joined by any of the learned counsel for the parties. Rather, it was suggested by the learned counsel appearing for the appellant Ground Water Department and the respondent Public Health & Engineering Department. 11. Accordingly, this appeal is disposed of by modifying the order dated 7.9.2001 passed by the learned single Judge to the extent that the impugned order Annexure/7 dated 20.12.1991 is set aside only to the extent insofar as it directs the petitioner to be absorbed in the lower pay scale of Weldor Gr.II in the Public Health and Engineering Department in the pay scale of Rs. 295-500 retrospectively by merely protracting his pay. The appellant is directed to fix the petitioner-respondent on his absorption in Public Health & Engineering Department on the post of Weldor in the pay scale of Rs. 370-590 with all consequential benefits from the date of his absorption. As a result of this direction, all consequential benefits which shall flow to the petitioner shall be given to the petitioner from the date of his absorption within three months. 12. There will be no order as to costs.Appeal disposed of as above. *******