Umeshwar Pandey, J. - (1.) By filing this intra Court appeal, the respondent has challenged the judgment and order dated 4.3.2004 of the learned Single Judge passed in Civil Misc. Writ Petition No. 18891 of 1988.
(2.) The brief facts giving rise to this appeal arc that the petitioner-respondents while presenting the writ petition before the learned Single Judge had prayed for issue of a writ in the nature of mandamus commanding the respondent to pay the petitioners the pay scale of Rs. 665-22-1017, as it had been granted in the case of similarly situated typists recruited and appointed prior to 8.3.1976 in the respondent company-M/s. Bharat Pump & Compressors Ltd. It is contended that in Writ Petition No. 5557 of 1981, certain typists had made their prayers before this Court challenging their placement in the lower pay scale of the typist and had further prayed for their placement in the higher pay scale granted to other typists appointed before 8th March, 1976. The aforesaid Writ Petition was taken up by a Division Bench of this Court which after taking into consideration the entire aspects of the matter was of the view that since the recruits of the period prior to March, 1976 were being paid higher pay scale as typists in the Company, the petitioners who are similarly placed and are performing the same work should also be given the same pay scale. Accordingly, the Division Bench allowed the Writ Petition and directed the appellant to place those petitioners in the same pay scale as was being given to the typists being recruits of the period prior to 8th March, 1976. This judgment of the Division Bench, as per the statement given at bar and as also observed in the impugned judgment of the learned Single Judge, was affirmed by the Apex Court while dismissing the Special Leave to Appeal No. 4794/1986 preferred by the present appellant vide order dated 8.2.1988. Accordingly, the learned Single Judge relying upon the judgment of the Division Bench in the aforesaid Writ Petition No. 5557 of 1981 vide judgment dated 10.12.1985 and also relying upon the judgment of another Writ Petition No. 23265 of 1988, Baij Nath Tripathi v. M/s. Bharat Pumps, and Compressors Ltd., decided on 29.7.1999, has hold that the present petition should also be decided in the same terms and accordingly, reliefs, as were prayed for, were granted in the impugned judgment.
(3.) Aggrieved with the aforesaid judgment and order, the present intra Court appeal has been preferred.;