CW 5193/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.5193/2006 Smt. Kaushalya Sharma Versus State & (2) Ors. Date of Order ::: 14/11/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Vinod Goyal, for petitioner Mr. JK Agrawal, Addl.Govt. Counsel for respondent State At joint request, matter is finally heard at admission stage. Instant petition has been filed seeking parity of pay scale as admissible to similarly situated persons working as Tailor in various Government departments. Petitioner was initially appointed as Tailor in pay scale of Rs.370-530 vide order dt.26/05/1984 in Medical College, Ajmer. Her grievance is that similarly situated persons holding post of Tailor in various Government departments including Hospital & Medical College at Jodhpur besides Medical & Health Services, Jail & Public Works Departments, Governor Secretariat, Labour Welfare Department, all were fixed in pay scale No.6 and there was no justification for respondents to fix holder of post (Tailor) in Medical & Health department in lower pay scale No.3; and this action of respondents is wholly discriminatory and is CW 5193/06 //2// violative of Art.14 of the Constitution. It has been brought to the notice of this Court that few employees Union earlier preferred writ petition (CWP-4006/1992 – Rajasthan Rajya Vahan Chalak Tknik Karamchari Sangh Vs. State) for redressal of grievance of their members holding post of Tailor in SMS Medical College & Hospital, Jaipur, which was decided on 06/02/2004 by a Co-ordinate Bench of this Court – xerox copy of the judgment has been produced by Counsel for petitioner in course of hearing. A perusal whereof reveals that the Union earlier preferred CWP-2341/91 which was allowed vide judgment dt.20/01/92 directing respondents to remove anomaly in pay scales and in pursuance whereof representations were made but no communication was ever made; as such fresh writ petition (CWP- 4006/92) was preferred and vide judgment dt.06/02/04 this Court directed the respondents to grant pay scale No.6 to the writ petitioner and observed ad infra: “After considering the rival submissions of the respective parties and perusal of the relevant orders and the judgments referred before this Court so far as the criteria which is laid down for recruitment is concerned the respondents are competent to lay down such criteria and in future, on CW 5193/06 //3// the post of Tailors persons could only be recruited, who possess the ITI certificate but the Tailors who are working with the respondents and were given appointment as they possessed the requisite qualification at relevant point of time and working as Tailors, therefore, in view of the principle of equal pay for equal work benefit of pay scale No.6 should be extended in favour of the existing Tailors, also.” Counsel for petitioner also placed reliance upon judgment dt.27/10/05 of this Court in CWP-429/94 (Banshilal & Anr. Vs. State) – a perusal whereof reveals that judgment dt.06/02/04 (quoted above) has been affirm by Division Bench in Special Appeal-427/04 vide judgment dt.31/08/04. In Banshilal & Anr. Vs. State (supra) a Co-ordinate Bench of this Court while allowing CWP-429/94 vide judgment dt.27/10/05 observed ad infra: “Accordingly the writ petition is allowed. The petitioners are held entitled for the pay scale of Tailors as provided in the other departments, more precisely the pay scale No.6 at the relevant time from the date they have been working on the post. Necessary orders in regard to pay fixation be issued and the arrears be paid within sixty days from the date of receipt of certified copy of this order.” In the light of what has been observed by this CW 5193/06 //4// Court in judgments quoted (supra), writ petition is hereby allowed. Petitioner is held entitled for pay scale of Tailor as provided in other Government Departments, viz. Pay scale No.6 at relevant time from the date she has been working as Tailor and after pay fixation also under revised pay scale Rules, arrears be paid to her within two months from receipt of certified copy of this order. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.4/5193CW06-1411.doc