THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA W.P.No.23033 of 2000 ORDER The petitioner approached this Court and filed the present writ petition with the following prayer: “to issue a writ, order or direction, more particularly one in the nature of writ of mandamus declaring the impugned action of the respondents in not paying the salary attached to the post of Foreman Grade- I to the petitioners even though they are performing the duties and functions attached to the post of Foreman Grade-I and in paying the salary attached to the post of Mazdoor only as highly illegal, arbitrary and contrary to the constitutional policy of equal pay for equal work and violative of Articles 14,16 and 39(d) of the Constitution of India and pass such other order or orders. 2. Though the writ petition is pending for the last ten years, no counter affidavit has been filed by the respondents. 3. Heard. 4. Having considered the submissions made by the learned counsel on either side, this Court is of the view that though the petitioners are shown as Mazdoors, their services have been extracted for the purpose of performing the duties attached to the post of Foreman Grade-I, which is a higher post. Article 39(d) of the Constitution of India provides for equal pay for equal work and as such, in my considered view, the same has to be applied to the instant case. 5. With regard to the actual discharging of functions, the first respondent held a detailed enquiry and submitted a letter, dated 23.03.2000, to the General Manager, A.P.Genco, stating that some Mazdoors were discharging the duties of Foreman Grade-I and that the work of Dozer Operator is equivalent to the work of Foreman Grade-I. In those circumstances, this Court is of the view that the petitioners are entitled to the relief sought for. 6. Accordingly, the Writ Petition is allowed, and the respondents are hereby directed to pay salaries to the petitioners on par with others, who are working as Foreman Grade-I, provided if they are in service. No order as to costs. _________________________ GOPALA KRISHNA TAMADA, J Date:25.11.2010 sj