JAS RAJ CHOPRA, J. - (1.) THESE two special appeals are directed against the order of the learned single Judge dated 8/5/86 whereby the writ petition filed by the petitioners -appellants were dismissed at the admission stage. In both these appeals; similar question of fact and law arise and, therefore, e propose to decide them by a common order.
(2.) THE petitioner - -appellants were appointed as laboratory Assistants in the respondent Rajasthan Cooperative Dairy Federation Limited (for short 'the federation ') in the pay sacles of Rs. 490 -840 and their shift - wise, duties of four shifts are as follows: (i) Complete testing of Milk and products in Raw milk Tankers, siolos and cream tanks at the start of the shift i.e. Fat.Snf, Alcohol test, C.OIb. Test, Acidity (before and after boiling) and MBR test. (ii) Determination of CIP detergent tank strength and hardness of soft water and feed water. (iii) Tenting of Incoming and outgoing milk upto 9AM. (iv) Organoleptic evaluation of milk of various dairy co -operative societies and testing of milk received from URMUL w.r.t. fat, Snf and Acidity. (v) Any other job assigned by quality control officer of shift in charge. (vi) Reporting all data in writing to shift In charge. (vii) Preparation of Lab. Chemicals/ solution as and when required. Vide order dated 20th August, 1982, it has been stated that the regular testing of milk and milk products is not being carried out in accordance with instruction given in the Instruction Book dated 4th August, 1982, due to lack of understanding amongst the Lab. Assistant/A.P.Os. It has further been said in the office order that hence forth in all the shift, Lab. Assistants are directed to carry out the testing work as per the Schedule attached, failing which, it will be the liability of the Lab Assistants/ A.P.Os and action will be taken accordingly. This order along with Schedule has been placed on record as Annexure -1. The petitioner -appellants grievances are that they are entitled to be paid the salary of post - -Technical Assistant (Quality Control Officer Gr.II)/ A.P.O., Which is 1000 -1860, as they are working on this post from very beginning and, therefore, they have claimed the payment of this salary to them based on the principle of equal pay for equal work In this regard, they filed writ petitions but the same Were dismissed by the learned single Judge without going into the averments made in those writ petitions on the sole ground that the petitioners were recruited on the post of Lab Assistants and if, some duties of Lab Assistants are analogous to the duties of the post of Technical assistants, the petitioners and others like them cannot claim the salary of a higher post without being recruited to that post in accordance with the rule. The learned single Judge further observed that in order to get the pay scale 1000 -1860, one has to go' through the process of selection simply because some of the duties which are being discharged by the Lab Assistants are identical to that of Technical Assistants (QCD.Grade -II) that will not entitle the petitioners to the salary of the post of a Technical Assistant without being regularly selected for that post and in these circumstances, the learned single Judge did not find any merit in both these petitions and dismissed the same with no order as to costs. It is this Judgment of the learned single Judge which has been challenged in these two special appeals.
(3.) IDENTICAL replies to the writ petitions have been filed by the respondents in both these special appeals separately. The appellants have also filed separate but identical rejoinders in both these special appeals.;