- (1.) DR. B. S. Chauhan, J. The instant writ, petition has been filed by the petitioners for quashing the notification dated 17. 12. 1989 contained in Annexure's 3a and 3b to the writ petition and for a further direction to the respondents to pay the petitioners the pay-scale of Rs. 1400-2300, which is being paid to the Food In spectors working in the Central Govern ment and in Delhi Administration. As the petitioners are Food Inspectors under the State of U. P. and they have filed this petition claiming the equal pay for equal work.
(2.) THE specific averment of the petitioners is that nature of work, duty and responsibility of the petitioners are by all means, identical to that of the Food Inspec tors of the Central Government. The respondents have filed the counter affidavit wherein they have ad mitted the specific averment of the petitioners regarding the nature of work, duty and responsibility of the petitioners as under: "that in reply to the contents of paragraph 23 of the writ petition it is submitted that both the posts are identical in the State as well as in the Central having same qualifications, duties and powers and governed by the same Act. It is further submitted that the Director Central Medical and Health recommended that the same salary, i. e. Rs. 1400-2300 should be given to the State Government Food Inspectors. That in reply to the contents of paragraph 34 of the writ petition are only admitted to the extent that the petitioners working is identical and they possess the same qualification as to the Central Government. " Heard Shri K. N. Tripathi, learned Senior Advocate for petitioners and learned Standing Counsel for the respondents. .
(3.) AS the respondents themselves have admitted the claim of the petitioners regarding the nature and responsibility of the work saying that it is similar to that performed by the Food Inspectors of the Central Government, the findings of fact can be recorded easily that the petitioners are performing the same work and carry the same responsibility which the Food Inspec tors of the Central Government perform. Shri K. N. Tripathi has relied upon the judgment o f the J. and K. High Court contained in Annexure 7 to the writ peti tion, where the Food Inspectors working under the State had been given the same pay- scale as is being paid to the Food In spectors of the Central Government. Moreover, there is a report of the Samta Samiti in favour of the petitioners wherein it has been recommended that the petitioners wherein it has been recom mended that the petitioners be paid the pay scale of Rs. 1400-2300 and not Rs. 1200-2040 as it would be discriminatory and violative of the mandate of the constitutional provisions.;