H D RAJKHOWA Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Appeal is directed against the JUDGMENT & ORDER dated 8.2.94 as passed by a learned Single Judge of this Court in Civil Rule No. 1936/90.

(2.) All the appellants are graduates in Scince. One of them, appellant No. 14,holds an Honours Degree in Chemistry. They joined the respondent Corporation as Laboratory Assistant in different Grades. Some of the appellants were sponsored by the Employment Exchange while others had directly applied in response to the advertisement issued by the respondent Corporation. The appellants Nos. 3 and 4 were already in employment of the Corporation, although in other department but on their own options they were transferred and appointed as Laboratory Assistant Grade- Ill. These appellants, claiming equal pay for equal work, filed a petition under Article 226 of the Constitution,ventilating their grievances that their should not be different Grades of Laboratory Assistants and they should all be graded in one Grade of Laboratory Assistant, they complained of discrimination. The learned Single Judge was, however, not satisfied and dismissed the petition. Hence this appeal.

(3.) Mr. Bhattacharjee, learned counsel appearing for the appellant contended that since all the Grades of Laboratory Assistant including Senior Laboratory Assistant perform identical duties and similar functions with the same measure of responsibility having the same academic qualifications, they were entitled to equal pay on the principle of equal pay for equal work. The practice prevailing in the respondent Corporation is violative of Articles 14 and 16 of the Constitution of India. It was contended that there was no rationale of different grades.