UNION OF INDIA & ORS. VS. 69511085 STOCKMAN MOHAN SINGH & ORS. (D.B.CIVIL SPECIAL APPEAL (W) NO.913/07) 1 UNION OF INDIA & ORS. VS. 69511085 STOCKMAN MOHAN SINGH & ORS. (D.B.CIVIL SPECIAL APPEAL (W) NO.913/07) Dated:- 22.7.09. HON'BLE MR.JUSTICE A.M.KAPADIA HON'BLE MR.JUSTICE SANGEET LODHA Mr.V.K.Mathur, for the appellants. Mr.K.K.Shah, for the respondent no.1. 1. This special appeal is directed against order dated 28.5.07 passed by the learned Single Judge of this court,whereby the writ petition preferred by the respondent no. 1 seeking directions for fixation of his pay with the pay scale 260-400 w.e.f. 6.6.78 has been allowed and accordingly, the appellants herein have been directed to make fixation of the respondent's pay as prayed for and further directions have been issued to pay entire arrear to the respondent along with interest @ 6.5%. 2. The respondent joined the BSF as Constable in the year 1969 . However, after passing the course for post of Stockman in the year 1976-77 from Animal Husbandry School, Jaipur, the respondent was appointed on the post of Stockman on 6.6.78. After appointment on the post of Stockman, the respondent's pay was fixed in the pay scale of 225-308. Later, the appellants vide an order dated 19.4.90 fixed two persons holding the post UNION OF INDIA & ORS. VS. 69511085 STOCKMAN MOHAN SINGH & ORS. (D.B.CIVIL SPECIAL APPEAL (W) NO.913/07) 2 of Stockman namely, Shri Mool Singh and Shri Doongar Singh in the pay scale of Rs.260-400 w.e.f. February,1973 and June, 1975 respectively. The pay scale of Rs.260-400 was also extended to Shri C.O. Kurien from the year 1978, who completed the course of Stockman in the year 1981-82. Aggrieved by the disparity in the pay scale granted to the persons holding the post of Stockman, the respondent made representation to the appellants, but to no avail. In these circumstances, the respondent preferred the writ petition before this court which has been allowed by the learned Single Judge by the order impugned in the terms referred supra. 3. It was not disputed before the learned Single Judge that the respondent and other Head Constables (Stockmen) who were fixed in the pay scale of Rs.260-400 are part of the same cadre and they are discharging exactly same duties and bearing same responsibilities. The learned Single Judge opined that if the employees are doing substantially the same type of work , requiring the same skill, effort and responsibility and are performing same work under similar working conditions in the same establishment then, on the principle of “equal pay for equal work”, the State is under an obligation to keep parity in their pay scale. The learned Single Judge observed that the quantity and quality of work performed by the Head Constable(Stockman) is UNION OF INDIA & ORS. VS. 69511085 STOCKMAN MOHAN SINGH & ORS. (D.B.CIVIL SPECIAL APPEAL (W) NO.913/07) 3 not different therefore, the disparity in the pay scale is having no rational. 4. It is contended by the learned counsel for the appellants that the learned Single Judge has failed to consider an important aspect of the matter that the Stockman total three in number were getting or granted the pay scale of Rs.105-135 were inducted into BSF as Stockman whereas, the respondent was re- mustered later on w.e.f. 4.6.78 only after he qualified the course and tendered his willingness for conversion to Stockman trade. Thus, the classification made by the appellants on the basis of the source of recruitment was absolutely justified. 5. It is not disputed that the respondent and other person vis- a-vis whom the respondent is claiming parity were appointed on the post of Stockman and are discharging same duties. It is not in dispute that the Stockmen who were getting the salary in the pay scale of Rs.105-135 so also the respondent were inducted into BSF from RAC Battalion . The distinction sought to be drawn by the appellants on the ground that the respondent was re- mustered as Head Constable (Stockman) w.e.f. 4.6.78 against the post meant for welfare measures with a pay scale of 100- 130 is ex facie irrational. The respondent had taken the categorical stand that all the persons recruited along with him should get the same pay, however, not only three who were UNION OF INDIA & ORS. VS. 69511085 STOCKMAN MOHAN SINGH & ORS. (D.B.CIVIL SPECIAL APPEAL (W) NO.913/07) 4 supposed to originally recruited as regular Stockman but two others who were junior to the respondent have been fixed in the higher pay scale whereas, initially all of them were getting the same pay as the respondent. This aspect of the matter is also not disputed by the appellants. In these circumstances, the fixation of pay of the respondent in the lower pay scale than the pay scale granted to the other persons holding the same post and discharging the same duties on the basis of alleged different source of recruitment is ex facie illegal and arbitrary. 6. In this view of the matter, in our considered opinion, the order impugned passed by the learned Single Judge does not suffer from any error warranting interference by us in this intra court appeal. 7. In the result , the appeal fails, it is hereby dismissed. No order as to costs. (SANGEET LODHA),J. (A.M.KAPADIA),J. Aditya/-