IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 1290 of 2008 Between: G. Ravi Shankar S/o Rama Rao national Institution for Mentally handicapped. Manovikas Nagar, Secunderabad. ..... PETITIONER AND 1 The Union of India, rep by its Joint Secretary, Under Ministry of Social Justice and Empowerment, Shastry Bhavan, New Delhi. 2 National Institute for Mentally Handicapped, rep by the Director, Manovikas Nagar, Secunderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not rectifying the anomaly with regard to the post of publication Assistant held by the petitioner in 2nd respondent institution by granting similar pay scale extended to similar post in the sister institution "National Institution for Social Defence (NISD)" under the control of the 1st respondent as illegal, arbitrary and vioaltive of Articles 14 and 16 of Constitution of India with a consequential direction directing the respondents to extend the pay scale of 5500-9000 which is being implemented in the same cadre of publication Assistant in the institution of national Institution for Social Defence (NISD) to he post held by the petitioner in the 2nd respondent, and pass such other order or orders as this Hon'ble Court may deem ﬁt and proper. Counsel for the Petitioner:MR.A.K.KISHORE REDDY Counsel for the Respondent: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : ORDER: The petitioner is working as Publication Assistant in the National Institute for Mentally Handicapped, Secunderabad, which is a Government of India organization. He made several representations to his employer, the second respondent herein, as well as to the Union of India, the ﬁrst respondent herein, with a prayer to bring parity of pay scales between the post of Publication Assistant in the second respondent and the similar post in National Institute of Social Defence. He contends that though the nature of duties assigned to the post of Publication Assistant in both the organizations is one and the same, the pay scale for that post in the second respondent is Rs.4,500/- to Rs.7,000/-, whereas in the other organization it is Rs.5,500/- to Rs.9,000/-. The second respondent issued a memorandum, dated 01.06.2007, informing the petitioner that the ﬁrst respondent had examined the matter in detail and refused to accede to his request. The petitioner feels aggrieved by the said memorandum. Heard learned counsel for the petitioner and learned Assistant Solicitor General for respondents 1 and 2. The mere fact that the posts in diﬀerent organizations carry same nomenclature, cannot constitute a basis to insist that the pay scales must be one and the same. Much would depend upon the nature of duties, viability of the organization and recommendations of the respective pay commissions. In its wisdom, the pay commission has maintained a disparity of pay scales for the posts carrying the same nomenclature, but prevailing in diﬀerent organizations. This Court cannot undertake an exercise of examination, nor can it act as an appellate authority in matters of this nature. The principle of ‘equal pay for equal work’, which held the ﬁeld for sometime, cannot be invoked in this case. The reason is that the posts are in the diﬀerent organizations and the complaint is not that the diﬀerent pay is stipulated for same work in the same organization. Hence, the Writ Petition is dismissed. There shall be no order as to costs. ____________________ Dt.21.07.2008 L.NARASIMHA REDDY, J GJ