S.H.A.Raza, J. - (1.) To bring the case within the sweep of Articles 14 and 16 of the Constitution of India it was vehemently urged by the learned counsel for the petitioner that the posts for filling up the vacancies for the Headquarter Staff as well as Manufacturing Unit are advertised jointly. The process of the selection is also similar. Appointments are made by the same authority. The appointment orders indicate that the posts are transferable from manufacturing unit to the headquarter and vice versa. Hence the employees of manufacturing units are entitled for the same emoluments which the headquarter staff gets.
(2.) The contention of the respondents is that the persons working in the manufacturing unit and in the headquarter are of different cadres. The posts are not transferable, but it was considered that often transfers from one post to another are made by the authorities concerned.
(3.) In the case of Randhir Singh v. Union of India (1982-I-LLJ- 344)(SC) Hon'ble Supreme Court indicated: "The doctrine of 'Equal pay for equal work' is not expressly declared a fundamental right under the Constitution. But Article 39 (d) read with Articles 14 and 16 declares the constitutional goal enjoining the State not to deny any person equality before law in matters relating to employment including the scales of pay. The doctrine is applicable when employees holding the same rank perform similar functions and discharge similar duties and responsibilities but they are denied equality in matters relating to the scale of pay.";