1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR :: JUDGMENT :: D.B. CIVIL SPECIAL APPEAL (WRIT) NO.173/2008 State of Rajasthan & Anr. Vs. Vinod Kumar Gaur Date of Judgment :: February 27, 2008. PRESENT HON'BLE THE CHIEF JUSTICE MR.NARAYAN ROY HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. H.V. Nandwana, Govt.Counsel for the appellants. Mr. Sanjeev Prakash Sharma for the respondent. *** Heard learned counsel for the appellants and also the learned counsel for the contesting respondent. This appeal is directed against the order dated 13.12.2006 passed by the learned Single Judge of this Court in S.B. Civil Writ Petition no.117/1998 whereby and whereunder the writ application was disposed of with direction to the authorities to pay difference of arrears to the writ petitioner as per the notification dated 1.2.1992. The writ petitioner was initially appointed vide order dated 8.11.1982 on the post of Live Stock Assistant and was transferred to Jaipur Poly Clinic on the same post vide order dated 17.2.1984. The State Government vide 2 notification dated 1.2.1992 made the posts of Live Stock Assistant, Milk Recorder and Laboratory Assistant inter- transferable. The writ petitioner subsequently, was transferred vide office order dated 15.10.1988 to the post of Laboratory Assistant in Regional Live Stock Research Centre, Jaipur virtually on the post of Laboratory Assistant. Thereafter, he continued to work as Laboratory Assistant till 1.9.1996 but he was paid the scale meant for Live Stock Assistant. In the meantime, the State Government vide notification dated 1.2.1992 amended Rajasthan Civil Service (Revised Pay Scales) Rules, 1989 whereby and whereunder the scale of Laboratory Assistant Grade- III was revised and was placed on a higher scale than that of the Live Stock Assistant. The writ petitioner being aggrieved by this, approached this Court in the writ jurisdiction. The learned Single Judge of this Court keeping in view the nature of work rendered by the writ petitioner both on the post of Live Stock Assistant and Laboratory Assistant directed for payment of arrears of salary at par with the Laboratory Assistant. It would be manifest from the materials on record that virtually the post of Live Stock Assistant was treated to be at par with the Laboratory Assistant inasmuch as that the post were made inter-transferable and the writ petitioner was transferred from the post of Live Stock Assistant to the post of Laboratory Assistant. Admittedly, 3 he discharged the function of Laboratory Assistant for about eight years. In the given facts and circumstances of the case, the learned Single Judge of this court while invoking equity directed for payment of arrears treating the writ petitioner at par with the persons holding the post of Laboratory Assistant. On consideration of the materials on record, in our view, the learned Single Judge of this Court was wholly justified in invoking equity in favour of the writ petitioner particularly when the persons working on the post of Live Stock Assistant were treated alike with the persons working on the post of Laboratory Assistant vide amendment in the year 1998 which was made effective from 1.9.1996. Faced with these situations, we hardly find any scope for interference in this appeal. It is accordingly dismissed. No costs. (MOHAMMAD RAFIQ),J. (NARAYAN ROY),CJ. Skant/-