SYED VILAYAT HUSSAIN QUADARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

(2.) The petitioners are the Assistant Charity Commissioners appointed by the Government of Maharashtra in the Charity Organization of the State of Maharashtra. They approached this Court under Article 226 of the Constitution of India, claiming 'equal pay for equal work' at par with the Judicial Officers appointed in the State of Maharashtra, as applied in the State of Gujarat for the reason that the Gujarat State has the same Law. They compare themselves equal in discharge of functions and duties, the nature of their powers like judicial officers in the State of Maharashtra. They also have the comparison with the judicial officers deputed in charity organization by the High Court of Bombay. They have set out the case that they also discharge the same function akin to the Judicial Officer. They are also doing the adjudications of the rights of the concerned, but the State is paying them less pay than the Judicial Officers, which violates Article 14 of the Constitution of India. Therefore, they should be treated equally on par with Judicial Officers, and the discrimination made by the Government of Maharashtra may be eliminated.

(3.) The claim of the petitioners can be summarized as follows :-