RSA No. 1829 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- RSA No. 1829 of 2008 Date of decision: 02.07.2008 State of Haryana and others .......Appellants Versus ASI Bal Kishan No. 958/C & others ........Respondents Coram: HON'BLE MRS. JUSTICE NIRMAL YADAV Present: Mr. Siddharth Batra, AAG, Haryana for the appellant -State -.- NIRMAL YADAV, J. (Oral) The State of Haryana has challenged the judgment and decree dated 14.11.2007 passed by learned Civil Judge (Senior Division), Kurukshetra, vide which the suit for declaration filed by the plaintiffs has been decreed to the effect that they are entitled to fixation of pay at Rs.5,750/- per month w.e.f. 01.01.1996 at par with ASI-Dhara Singh- Defendant No. 5 along with interest at the rate of 9% per annum with effect from 01.01.1996 and the judgment and decree dated 04.03.2008 passed by learned District Judge, Kurukshetra, affirming the findings returned by the trial Court with minor modification by reducing the rate of interest from 9% to 6% per annum. Both the Courts below have duly considered the fact that both the plaintiffs/respondents are senior to defendant No. 5-ASI Dhara Singh. The only plea taken by the State is that defendant No. 5 had been absorbed in the Telecommunication Wing, prior to the plaintiffs. The said plea is RSA No. 1829 of 2008 2 without any force. The principle of 'equal pay for equal work' has to be applied in each and every case as both the plaintiffs were appointed prior to defendant no. 5 and had been working on the same post and, as such, their junior i.e. Defendant No. 5 cannot be allowed to draw more pay than the plaintiffs. No ground for interference is made out. No question of law, much less substantial questions of law, arises for determination in the instant appeal. Resultantly, the regular second appeal is dismissed. [NIRMAL YADAV] JUDGE July 02, 2008 mohan