Judgment ( 1. ) BY this petition under Articles 226 and 227 of the Constitution of India, the petitioners are seeking directions against the respondents to sanction pay-scale of Rs. 950-1530 (unrevised) as per the sanction letter dated 21. 8. 1997. A further prayer has been made to direct respondents to make payment of difference of salary of pay-scale and also arrears of sanctioned pay scale to the petitioners with effect from 3. 6. 1998 along with 18% interest. ( 2. ) THE petitioners were working as daily wage employee. They submitted a representation in the year 1994 for their regularization. The petitioners were under impression that their services may be terminated as a result of which they filed a writ petition (M. P. No. 1702/94) before this Court which was disposed of vide annexure P/1 dated 9. 12. 1994 to consider the claim of petitioners for their regularization in accordance with rules. ( 3. ) ACCORDING to the petitioners, respondents gave assurance for according regular appointment/regularization on the post of Motor Pump Attendant. Thereafter vide order dated 21. 8. 1997 respondent No. 1 created and sanctioned 10 posts of Motor Pump Attendant, 3 posts of Valveman and 4 posts of Chowkidar under Rule 47 of Cantonment Account Code 1924 read with Rule 5 of Cantonment Fund Servants Rules, 1937 (hereinafter referred to as the Rules of 1937 ). The contention of learned Counsel for the petitioners is that bare perusal of the sanction letter dated 21. 8. 1997 Annexure P/2 =annexure R/1 it would reveal that the pay-scale of Rs. 950-1530 of the post mentioned in the order has been equated with the counterpart working in the State Government services. The qualification prescribed for above posts are also similar to that of State Government and these employees are eligible for revision of pay-scale as revised from time to time. The contention of learned Counsel for the petitioners is that all the petitioners as they were regularly working on the post of Pump Attendant for last 10-15 years and were having the requisite qualification and experience were called to appear in the selection process conducted by respondents No. 2 and 3. Thereafter, on 29. 6. 1998 order was issued by respondent No. 2 and all the petitioners were duly selected and appointed on regular basis on the sanctioned posts of Motor Pump Attendant with effect from 3. 6. Thereafter, on 29. 6. 1998 order was issued by respondent No. 2 and all the petitioners were duly selected and appointed on regular basis on the sanctioned posts of Motor Pump Attendant with effect from 3. 6. 1998 on probation for a period of two years. Copy of the order of the appointment is Annexure P/3. The contention of learned Counsel is that though the appointment was made on the regular and on sanctioned post of Motor Pump Attendant but instead of pay-scale of Rs. 950-1530/- as mentioned in Annexure P/2, all the petitioners have been appointed on lower pay-scale of Rs. 775-1036/- (unrevised) as it is clear on bare perusal of Annexure P/3. By inviting my attention to annexure P/4 dated 27. 2. 1998 the daily rated employees who were working on the post of Valvemen and Chowkidar were regularised but they have been fixed in same pay-scale which is mentioned in Annexure P/2= Annexure R/1. The disparity in the pay-scale of petitioners was brought in the notice of respondents No. 2 and 3 by submitting representation annexure P/5 dated 12. 6. 2000, but no favourable result came from the side of respondents. By inviting my attention to Annexure P/6 dated 16th March 2000 it has been contended by learned Counsel fir the petitioners that in the year 2000 a fresh proposal seeking sanction for further appointment was sent to the respondent No. 1 by respondent No. 2 for 5 posts of Motor Pump Attendant in the same pay-scale of Rs. 950-1530. It has been further contended that after coming into force of Vth Pay Commission the pay-scales of Government employees (Central and State) were revised and accordingly the sanction pay-scale of Rs. 950-1530 of the post of Motor Pump Attendant has been revised to Rs. 3050/ -. Hence the pay-scale of the petitioners were also revised but instead of Rs. 3050/- it has been revised to Rs. 2610/ -. The petitioners again submitted representation and the reminders, copies thereof have been placed on record as Annexure P/7 and P/8 respectively. But nothing has been done so far hence present petition has been filed seeking the above said reliefs. ( 4. ) THE respondents have filed the return and it has been contended in the return that the services of petitioners have been regularised as per sanction received vide HQr Central Command, Lucknow letter dated 21. 8. But nothing has been done so far hence present petition has been filed seeking the above said reliefs. ( 4. ) THE respondents have filed the return and it has been contended in the return that the services of petitioners have been regularised as per sanction received vide HQr Central Command, Lucknow letter dated 21. 8. 1997 (Annexure R/1 =annexure P/2) on the post of Motor Pump Attendant. The competent authority had accorded sanction for persons already working on daily wages for their regular appointment with a condition that the incumbent should possess the requisite qualifications. It has been sentforth in the return that as per sanction of competent authority, the posts were sanctioned for Motor Pump Attendant only and they were equated to the post of Pump Attendant in Public Health Engineering department of the State of M. P. The petitioners are qualified for the post of Motor Pump Attendant only as they do not have basic qualification of ITI certificate for Pump Operator course and therefore sanctioned pay-scale of Rs. 950-1530 admissible for Motor Pump Operator was not granted and the lower pay-scale of Rs. 775-1036 was granted instead of the sanctioned pay-scale. The contention of Mrs. Nair, learned senior counsel for respondents is that the petitioners are not qualified as per the norms of Public Health Engineering Department. In that regard she has shown the letter of Executive Engineer, PHE Jabalpur Annexure R/2 dated 27. 4. 2004, wherein it has been mentioned and has been informed to the respondents that VIIIth class pass Pump Attendant are fixed in the pay-scale of Rs. 725-900 (revised to Rs. 2550-3200 ). The pay-scale already paid to Pump Attendant (petitioners) is Rs. 775-1036 (revised to Rs. 2610-3540 ). The proposed pay-scale of Motor Pump Attendant is Rs. 725-900 which is revised to Rs. 2550-3200. The petitioners have already been regularised with effect from 3. 6. 1998. By placing reliance on Annexure R/4 dated 31. 3. 2004 which is a letter of Executive Engineer, PHE addressed to respondents it has been submitted by learned senior counsel that the employee serving on the post of Motor Pump Operator having ITI certificate will carry pay-scale of Rs. 3050-4590 and the Pump Attendant is a class IV employee. ( 5. ) A rejoinder has been filed by the petitioners and has submitted that the respondent are placing reliance on letter dated 27. 7. 3050-4590 and the Pump Attendant is a class IV employee. ( 5. ) A rejoinder has been filed by the petitioners and has submitted that the respondent are placing reliance on letter dated 27. 7. 2004 (Annexure R/2) which is a communication addressed to respondent No. 2. The contention in the rejoinder is that the said letter Annexure R/2 is incorrectly being placed reliance by the respondents as the same is contrary to the Government rules. In annexure R/2 Motor Pump Attendant has been shown as class IV post whereas the schedule attached to M. P. Civil Services (Classification, Control and Appeal) Rules 1966 (hereinafter referred to as the Rules of 1966) describe the post of Pump Attendant to be a class III (Non-Ministerial Post) i. e. the Staff which is posted under Executive Engineer (PHE ). The extract of the schedule of the said Rules has been placed on record as Annexure P/9 wherein Pump attendants have been shown as Class III (Non-Ministerial employees) and therefore it has been contended that no reliance can be placed on Annexure R/2 and it has been issued under misconception without consulting the Rules of 1966. ( 6. ) IT has been further contended that all the petitioners are having qualification up to VIIIth class as it has been so mentioned in para 5. 2 of the petition. The admitted position is that all petitioners have worked as Pump Attendant since 1991 as daily wager till 3. 6. 1996 when they were regularly appointed vide Annexure P/3 dated 29. 6. 1998. By inviting my attention to Annexure R/l=annexure P/2 it has been submitted that nowhere in the said order it has been so mentioned that the Pump Attendant should possess the certificate of ITI nor the order reflects any demarcation line between Motor Pump Operator or Motor Pump Attendant. The contention of Shri Dubey, learned Counsel for the petitioners is that the post of Motor Pump Attendant/operator has been placed in the same cadre and is a class III post. In that regard my attention has been drawn to Annexure P/9 which is schedule to Rules of 1966. ( 7. ) BY inviting my attention to Circular Annexure P/10 dated 12. 3. In that regard my attention has been drawn to Annexure P/9 which is schedule to Rules of 1966. ( 7. ) BY inviting my attention to Circular Annexure P/10 dated 12. 3. 1999 issued by the Finance Department of the Government of M. P. to the Secretary, PHE it has been submitted that sanctioning the benefit of Time Bound Kramonnati, the benefit of the revised pay scale i. e. Rs. 3050-4590 has been sanctioned to the Technical post of Fitter, Inspector and Chemist, Electrician and Wireman, Motor Mistry/mistry, Motor Driver, Fitter Attendant. These posts are class III non-ministerial post in which Pump Attendant is also included and this has also been mentioned in Annexure P/9. Hence the action of respondents denying fie benefit to the petitioners is without any basis. By inviting my attention to Annexure P/11 dated 29. 7. 1994, it has been submitted that one Pushpendra Singh was appointed on the post of Motor Pump Attendant/operator at Cantt. Board Pachmarhi vide order dated 27. 7. 1994 in sanctioned pay-scale of Rs. 950-1530 One Hanif Khan who is working as Pump Attendant at Cantt. Sagar is also getting the sanctioned pay-scale of Rs. 950-1530 (Annexure P/12) and therefore under Article 14 of the Constitution of India, the petitioners are also liable to be fixed in the same pay-scale. ( 8. ) HAVING heard learned Counsel for the parties, I am of the view that this petition deserves to be dismissed. ( 9. ) ON going through Annexure P/2 which is also placed reliance by respondent as Annexure R/1 dated 21. 8. 97 it is gathered that under Rule 47 of the Cantonment Account code, 1924 read with Rule 5 of the Rules of 1937, 10 posts of Motor Pump Attendant have been created carrying pay-scale of Rs. 950-1530/- and this post is equated with the Pump Attendant of PHE Department of the Government of M. P. It is mentioned in this order that the posts in the Cantonment Board are equated with similar post of State Government. The qualifications prescribed for the equated posts by M. P. Govt. will apply for the persons (Pump Attendant) who will be taking the benefit of Annexure R/1. The petitioners are also placing reliance on this document. Thus, the qualification prescribed for the equated post of M. P. Government of the post of pump Attendant would be made applicable for the petitioners also. will apply for the persons (Pump Attendant) who will be taking the benefit of Annexure R/1. The petitioners are also placing reliance on this document. Thus, the qualification prescribed for the equated post of M. P. Government of the post of pump Attendant would be made applicable for the petitioners also. Hence, in order to claim the relief to be fixed in the pay-scale of Rs. 950-1530/- it is incumbent upon the petitioners to show that they are having equal and similar qualification to the Pump Attendant of PHE department of M. P. Government. On going through annexure R/4 which is a letter dated 31. 3. 1994 written by the Executive Engineer PHE, Jabalpur to respondent No. 2 it is gathered that the pay-scale of Motor Pump Operator is Rs. 3050-4590 and this post is a class III post. The qualification to hold this post is 5 years service as Skilled Assistant or equivalent or 8th class with one year ITI training certificate. Admittedly, all the petitioners do not possess the qualification of one year training ITI certificate, and therefore they are not entitled to the pay-scale of Rs. 950-1530 (revised pay-scale Rs. 3050-4590 ). There is no substance in the contention of learned Counsel for the petitioners that under the schedule Annexure P/9 of the Rules of 1966 the post of Pump Attendant in PHE department has been shown as class III post. Be that as it may, this schedule Annexure P/9 relates to the Rule 8 and 24 of the Rules of 1966. Rule 8 speaks about the appointing authority of class III and class IV employees mentioned in the schedule and Rule 24 deals with the appeal before the Appellate Authority against the orders imposing the penalty under Rule 23. Nowhere in this schedule, what should be the qualification of the Pump Attendant has been mentioned. ( 10. ) AS a matter of fact, it was for the petitioners to submit and bring into the notice of this Court that what is the qualification of the post of Pump Attendant in PHE department of State of M. P. because in the sanction order annexure P/2 = annexure R/1 dated 21. 8. 1997 it has been specifically mentioned that the qualification of the post of Pump Attendant would be same and equated to the post by M. P. Government PHE department. 8. 1997 it has been specifically mentioned that the qualification of the post of Pump Attendant would be same and equated to the post by M. P. Government PHE department. The respondents, by filing annexure R/4, have shown that the post of Motor Pump Operator carries pay-scale of Rs. 3050-4590 (unrevised pay-scale Rs. 950-1530) and this post carry the qualification of 8th class and one year training of ITI certificate. Since all the petitioners do not carry the qualification of ITI certificate, therefore, they have been rightly fixed in the unrevised pay-scale of Rs. 775-1036/- by the respondents. ( 11. ) SO far as Annexure P/11 and P/12 which relates to Pushpendra Singh, Pump Attendant of Cantt. Board Pachmari and Hanif Khan, Pump Attendant at Cantt. Sagar is concerned, on bare perusal of these documents nowhere it is gathered that they are not having the qualification as prescribed in annexure R/4 they may have the requisite qualification as mentioned in annexure R/4 and for this reason they have been fixed in the pay-scale of Rs. 950-1530 (unrevised ). ( 12. ) SINCE there is nothing on record in order to show that the petitioners are having the same qualification as that of Pump Attendant of PHE department of the State of Madhya Pradesh, I am of the view that the petitioners have no right to ask for their fixation in the pay-scale of Rs. 950-1530 (unrevised ). Apart from this according to this Rule 5-B (3) of the Rules of 1937 the person who does not possess minimum qualification and experience as may be specified for each post by the Officer Commanding-in-Chief, the Command, shall be appointed to any service under a Board. For this reason also, the action of respondents fixing the petitioners in the pay-scale of Rs. 775-1036 cannot be said to be faulty or arbitrary. ( 13. ) FOR the reasons stated hereinabove, I do not find any merit in this petition and the same is hereby dismissed with no order as to costs.