BALWANT SINGH PARIHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this writ petition the petitioners working as Assistant Public Prosecutor/public Prosecutor are seeking appropriate writ order or direction for grant of parity in pay with retrospective effect to that of their counter parts in CBI, Delhi Police and Union Territories. The other prayers have also been made but this Court while admitting the writ petition on 3. 5. 1994, limited the case to the question for grant of equal pay for equal work from the date of writ petition.

(2.) BRIEFLY stated the relevant facts of the case are that the petitioners are working as Assistant Public Prosecutor/public Prosecutor in Railway Protection Force and are conducting the case under the Railway Protection Force Act, 1957 and Rules, 1987. The main grievance of the petitioners is that they are entitled to pay parity with their counter parts working in Delhi Administration, CBI working under the Ministry of Home Affairs and Union Territories on the basis of equal pay for equal work as envisaged under Articles 14 and 21 read with Article 39 (d) of the Constitution of India. The petitioners in their writ petition have further submitted that Railway Board is under the Union of India and their services under the Railway Protection Force consists of Executive Branch, Prosecution Branch and Fire Services Branch. Their main job is to conduct criminal cases under the Railway Protection Force and to give advice to the Railway Administration which is equivalent to that of Assistant Public Prosecutor/public Prosecutor working in the Delhi Administration, CBI working under the Ministry of Home Affairs and Union Territories for which pay scale is on higher side and their pay scale has not been revised equal to them neither by the 3rd Pay Commission nor by the 4th Pay Commission, although their qualification, designation, duties, responsibilities are same. As regards mode of recruitment, it has been submitted that they are recruited in the service by Railway Board whereas their counter parts working in Delhi Administration, CBI working under the Ministry of Home Affairs and Union Territories are being recruited by the Union Public Service Commission with difference of experience.

(3.) WE have heard learned counsel for the petitioners, gone through the record of the case and considered the submissions made on behalf of the petitioners and further considered the submissions made in the reply taking the same as the contentions on behalf of the respondents.