IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No.:2284/2008 Decided on: 5.3. 2009 Ravinder Singh. …Petitioner. Versus Himachal Pradesh General Industries Corporation Limited. …Respondent Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting ?1. For the petitioner : Mr. D.P. Gupta, Advocate vice Mr. K.D. Shreedhar, Advocate. For the Respondent : Mr. Ranveer Chauhan, Advocate. Rajiv Sharma, J. (Oral) The petitioner was appointed as a Store Keeper on 31.5.1978. The precise case of the petitioner is that similarly situated persons S/Sh. S.K. Goyal, L.S. Kaushik and Nand Lal Verma, who were working as Store Keepers have been placed in higher scale of Rs. 700-1200 and re- designated as Senior Store Keepers vide order dated 18.1.1989. The petitioner was neither put in the pay scale of Rs. 700-1200 at par with these persons nor was he re-designated as Senior Store Keeper as per Annexure A-2. Mr. D.P. Gupta, Advocate has drawn the attention of the Court to office order dated 18.1.1989. The text of letter dated 18.1.1989 reads thus: 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2 “On the recommendations of the D.P.C., the Managing Director is pleased to place S/Shri S.K. Goyal, L.S. Kaushik and Nand Lald Verma, Storekeepers, in the pay- scale of Rs. 700-25-850/30-1000/40-1200 and redesignate them as Senior Store-keepers. 2. The pay scale of Rs. 700-1200 would be released to these incumbents on notional basis w.e.f. 1.1.1983 and the arrears as a result of the release of the Senior Scale of Rs. 700-1200 allowed for 38 months only counted backwards w.e.f. 1.7.1988.” It is further evident from the office order dated 1.3.1989 that S/Sh. S.K. Goyal, L.S. Kaushik and Nand Lal Verma were put in the basic pay of Rs. 700/- with effect from 1.1.1983. The representation made by the petitioner for treating him to be at par with these persons has been rejected without due application of mind. The petitioner was working as a Store Keeper at par with these persons. Since these persons have been re-designated as Store Keeper and have been put in the pay scale of Rs. 700-1200, the petitioner could not be discriminated against being similarly situated. It is settled law that equals cannot be treated unequally. If equals are treated differently it will amount to violation of Article 14 of the Constitution of India. Consequently, the writ petition is allowed. The impugned order dated 16.4.1994 is quashed and set aside. The petitioner is held entitled to pay scale of Rs. 700-1200 and to be re-designated as Senior Store Keeper at par with the persons mentioned in letter dated 18.1.1989 within a period of 8 weeks from today. There will, however, be no order as to costs. 5.3.2009 (Rajiv Sharma ), J. *awasthi*