D.B. CIVIL SPECIAL APPEAL (WRIT) NO.130/2007 The State of Rajasthan & Ors.Vs.Fateh Chand Sharma Date of Judgment :: March 11, 2008. HON'BLE THE CHIEF JUSTICE MR.NARAYAN ROY HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. G.S. Gill AAG for the appellants. Mr. Lokesh Sharma for the respondent. *** Heard counsel for the parties both in the limitation matter and also on merit of the appeal. The delay in filing this appeal is condoned. This appeal is directed against the order dated 24.7.2006 passed by the learned Single Judge of this Court in S.B. Civil Writ Petition No.6182/1997 directing the State-respondent to fix the writ petitioner at the minimum of pay scale and allowances admissible to Class IV employees. It appears that the writ petitioner was engaged as a cook in March 1985 and he was getting a fixed amount towards his remuneration. However, he was terminated sometime in the year 1991. The order of termination was challenged before this Court in writ jurisdiction. The order of termination however was set aside. Consequent thereof, the writ petitioner was taken back in job. Second time the present writ application was filed for payment of equal pay for equal work permissible to the Class IV employees which resulted into passing of the impugned order. -2- It is not in dispute that the writ petitioner all through discharged the work of a cook. It is also not in dispute that he was getting his wages but not the pay scale. The learned Single Judge of this Court having considered the facts and circumstances of the case and faced with this situation that the writ petitioner was discharging the work of a cook directed for payment of minimum of the pay scale. In the given facts and circumstances of the case, the direction issued by the learned Single Judge of this Court does not appear to be either bad in law or on facts as equitable relief has been granted owing to the nature of duty discharged by the writ petitioner. In this background, no interference would be required. This appeal is accordingly dismissed. (MOHAMMAD RAFIQ),J. (NARAYAN ROY),CJ. Skant/-