UNION OF INDIA Vs. MOHAN SINGH

JUDGEMENT

(1.) This special appeal is directed against order dated 28.5.07 passed by the learned Single Judge of this court,whereby the writ petition preferred by the respondent no. 1 seeking directions for fixation of his pay with the pay scale 260-400 w.e.f. 6.6.78 has been allowed and accordingly, the appellants herein have been directed to make fixation of the respondent's pay as prayed for and further directions have been issued to pay entire arrear to the respondent along with interest @ 6.5%.

(2.) The respondent joined the BSF as Constable in the year 1969 . However, after passing the course for post of Stockman in the year 1976-77 from Animal Husbandry School, Jaipur, the respondent was appointed on the post of Stockman on 6.6.78. After appointment on the post of Stockman, the respondent's pay was fixed in the pay scale of 225-308. Later, the appellants vide an order dated 19.4.90 fixed two persons holding the post of Stockman namely, Shri Mool Singh and Shri Doongar Singh in the pay scale of Rs.260-400 w.e.f. February,1973 and June, 1975 respectively. The pay scale of Rs.260-400 was also extended to Shri C.O. Kurien from the year 1978, who completed the course of Stockman in the year 1981-82. Aggrieved by the disparity in the pay scale granted to the persons holding the post of Stockman, the respondent made representation to the appellants, but to no avail. In these circumstances, the respondent preferred the writ petition before this court which has been allowed by the learned Single Judge by the order impugned in the terms referred supra.

(3.) It was not disputed before the learned Single Judge that the respondent and other Head Constables (Stockmen) who were fixed in the pay scale of Rs.260-400 are part of the same cadre and they are discharging exactly same duties and bearing same responsibilities. The learned Single Judge opined that if the employees are doing substantially the same type of work , requiring the same skill, effort and responsibility and are performing same work under similar working conditions in the same establishment then, on the principle of equal pay for equal work, the State is under an obligation to keep parity in their pay scale. The learned Single Judge observed that the quantity and quality of work performed by the Head Constable(Stockman) is not different therefore, the disparity in the pay scale is having no rational.