CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE question which has arisen for consideration and decision by this court in the instant writ petition is as to whether the petitioner who is working in the capacity of Pump -Driver in the Horticulturist wing of Public Works Department (for short 'P.W.D.') Rajasthan, Jaipur, should not be entitled to the pay scale equivalent and admissible for the same post in other departments of the State viz. station, Mines, Geology and Public Health Engineering Department (for short 'P.H.E.D.') at par with said employees on the principle of equal pay for equal work, as enshrined under Article 39(d) of the Constitution of India.

(2.) THE facts which are relevant for deciding this writ petition briefly stated are that the petitioner had joined service of State Government in the office of P.W.D., Jaipur on being appointed as Pump Driver in the office of the Superintendent of Gardens, Jodhpur, on 01.07.1962, in the pay scale of Rs. 40 -60 p.m. Subsequently the petitioner was fixed in the regular pay scale of Rs. 70 -110 p.m. at the rate of Rs. 88/ - per day w.e.f. 01/09/1968 in the revised pay scale of 1969. He was prompted as Pump Mistry w.e.f. 26.05.1979, in the pay scale of Rs. 250 -360, but was being given the benefit of pay scale of the Pump Driver, which was subsequently revised to Rs. 370/ - w.e.f. 01.07.1981. The maximum pay scale which was admissible for the said post during the relevant time was Rs. 530/ - p.m. as on 02.07.1983. In the Rajasthan Civil Services (New Pay Scales) Rules, 1969, the posts of Mistry, Pump Driver, Carpenter and black -smith have all been treated as equated posts in the pay scale of Rs. 70 -110 and have also been extended to the Horticulture (Garden) Department on P.W.D.

(3.) IT is pertinent to mention in this connection that the case of the petitioner can be equated to the case of one Kana Ram v. State of Rajasthan, who had also filed an identical writ petition in this court vide S.B. Civil Writ No. 2256/84, which was heard and finally decided by learned Single Bench of this Court vide order dated 01.11.1985, similar controversy had arisen between the parties before learned single bench of this court in the aforesaid writ petition, in which the petitioner had also sought similar relief from the Agricultural Department of the Government of Rajasthan and had sought a direction to fix his salary in regular pay scale subsequent to his absorption in the service of the said department in the pay scale No. 6 as admissible to employees of the aforesaid Department and further to revise his salary in accordance with the Rajasthan Civil Services (Revised Pay Scales) Rules, 1969, 1976 and 1983. This court after a detailed hearing and in view of the ratio of the decision of Apex Court in the matter of Randhir Singh v. Union of India : (1982)ILLJ344SC . had finally arrived at the conclusion that the persons who are discharging the same duties under one employer though in different departments should not be given different pay scales since there is no justification that a person who is working on the post of Pump Driver in the Garden Department of the Government of Rajasthan should get the pay scale of Rs. 370 -830. whereas the pump drivers working in other departments are getting higher pay scales notwithstanding that both are discharging the same corresponding duties. Hence on the principle of equivalence as regard the nature of duties, obviously there cannot by any dissimilarity or discrimination as regards the applicability of the pay scales on the principle of equal pay for equal work. Applying the ratio of the aforesaid decision to the instant case as well as that of Randhir Singh's case (supra). I am of the considered view that it will be grossly unjust and discriminatory not to fix the petitioner in the pay scale as admissible to the Pump Drivers, who were similarly placed in other departments of the State Government as referred to above.