mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL, CIVIL JURISDICTION REVIEW PETITION LODGING NO.42 OF 2007 IN WRIT PETITION NO.2496 OF 2005 PETITION NO.2496 OF 2005 PETITION NO.2496 OF 2005 Union of India & Ors. ..Petitioners Versus Atulkumar R. Kumbhare & Ors..Respondents Mr. V.S. Masurkar with Ms.Ritu Singh i/b.T.C.Kaushik for the Petitioners Mr. R.V. Govilkar for Respondent No.1. Respondent Nos. 5 and 6 in person. CORAM: CORAM: CORAM: F.I. F.I. F.I. REBELLO REBELLO REBELLO & ANOOP ANOOP ANOOP V. MOHTA, JJ. V. MOHTA, JJ. V. MOHTA, JJ. DATE: DATE: DATE: 1st April, 2008. 1st April, 2008. 1st April, 2008. P.C. . The Union of India, Director of Armed Forces, Medical Services and the Secretary, Government of India are seeking review of the order dated November 29, 2006 in Writ Petition No.2496 of 2005. It is submitted that this Court proceeded on the basis that judgment of the Chandigarh Bench arising from A.O. 2 No.1105/B of 2003 in the case of Baibhuvan vs. Union of India dated 6th November, 2003 allowed the application by the Applicant before it by Family Welfare Extension Educator and that decision had been accepted. It is submitted that this judgment was thereafter challenged before the High Court of Punjab and Haryana which by its order dated 15th January, 2007 has set aside the order of the C.A.T. 2. On behalf of the Respondent No.1 learned Counsel submits that this Court apart from referring to the judgment of the Chandigarh Bench, independently came to the conclusion that the Petitioners were entitled to relief as sought and consequently there is no error apparent on the face of the record warranting interference by this Court. 3. We may firstly note that the respondents were working under a programme which was under the control of the Ministry of Health and Family Welfare. The funds for the programme were released by the Ministry of of Health and Family Welfare. This position continued upto the year 1994. Subsequent thereto the Department of Ministry of Railways and Defence started paying pay of the Family welfare Extension Educators from their respective budgetary allocations. . There appears to be have been representations 3 by the Family Welfare Extension Educators allotted to the Railways that there were anomalies in giving them the pay scale pursuant to recommendation of the IVth Pay Commission. This representation was accepted and from 1st April, 1986 they were given revised pay scale of Rs.1600-2660 and thereafter the pay scale of 2000-3200 with effect from 1st April, 1988. In other words the Revision is effected from the time when they were under the control of the Ministry of Health and Family Welfare. . Once one section of the employees who were under the control of the Ministry of Health and Family Welfare were paid the revised pay scale there is absolutely no reason why the other section of employees who were allotted to the Defence Service and who were being paid in the same scale as and upto 1994 should not be paid the same. When there was one class having common pay scales it is impermissible in respect of the same class to have different pay scale when all along they had been treated as one class, merely because of the subsequent arrangement. 4. Even otherwise we have gone through the judgment of the learned Bench of the Punjab and Haryana. We do not find that the issues addressed by this Court were addressed to by the learned Bench. Apart from that though reference was made to the acceptance of the judgment of the Chandigarh Bench of 4 C.A.T. the Court on merits had independently arrived at a finding and dismissed the petition. 5. This Court, therefore, had independently for the reasons given in the judgment under review, had come to the conclusion it had arrived at. We, therefore, do not find any error of law warranting interference by this Court in the exercise of our review jurisdiction. Consequently Review Petition rejected. 6. The Applicants are directed to comply with the order within twelve weeks from today, considering that the order of this Court is dated November, 29, 2006. (F.I. (F.I. (F.I. REBELLO, J) REBELLO, J) REBELLO, J) (ANOOP ANOOP ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.)