SHARMA, J. - (1.) THE petitioner, claims the pay scale of wire man, on the principle of 'equal Pay for Equal Work' and his case is that he was initially appointed on the post of wire man though on daily wages basis. THE respondents have contested the writ petition on the ground that the petitioner was never appointed as Wireman and during the course of arguments Mr. Bhandari, learned counsel for the respondent came out with a case that the petitioner was infact appointed as Helper, though no such case appears to have been set up in reply. THE question is as to whether the petitioner was appointed as wire man and if so, whether he is entitled to the minimum pay in the pay scale of wire man.
(2.) IT is the case of the petitioner that he is Higher Secondary which he passed in the year 1982 and was also granted competency certificate of Electric Wireman by the Chief Electric Inspector as required under Rule 45 of the Indian Electricity Rules, 1956. He was appointed as wire man on daily wages on 4th January 1987 and presently he is getting Rs. 25/-per day. IT is also the case that there is regular cadre of posts of wire man in the office of the non-petitioner Municipal Board, Bundi and the pay scale is also there for that post which is 910-1530 and it has been made effective w. e. f. 1st September 1988. According to the case of the petitioner, one Pramod Kumar Sharma is working in the regular cadre and though the petitioner is discharging the same duties, which are being discharged by Pramod Kumar Sharma, he is not being paid the same salary. I reply as said earlier, the respondent has come out with a case that the petitioner was not discharging the same duties as are being discharged by Pramod Kumar Sharma and according to the respondent, Pramod Kumar Sharma is lineman and the qualification needed for the post of line man is different and the petitioner does not possess those qualification. It is denied that the petitioner was ever appointed as wire man. A perusal of Annex. 3 which has been filed along with rejoinder will show that it was on 2nd January 1987 that necessity for appointing two wire men was felt and the aforesaid necessity was because the street lights in Bundi were in bad shape and staff was required for maintenance. A decision was, therefore, taken to appoint two wire men at the rate of Rs. 17/- per day, at the rate of B. S. R. 1986. There appears to be no dispute that the same pay scales are admissible for some posts in the Municipal Boards which are payable to equivalent posts in the State Government and in this connection a reference has been made to Ex. 4, a Gazette Notification dated 9th March 1989, Part-IV (Ga) under which a decision was taken by the Government in exercise of its powers conferred under Section 297, sub-sec. (1) and (2) read with Municipal Board Service Rules, 1963, Rule 32 that the officers and the employees of the Municipal Board will get the same pay scales which is admissible on equivalent post in the State Government. As a result of the aforesaid decision, it can be said that same pay scales are admissible in the Municipal Board also to the employees who are working therein. A look at Annex-5, a notification dated 4th October 1990, issued by the Local self-Government Department will show that the pay scale of the employees of the various Municipal Boards/municipal Councils have been specified and under the heading 'class IV staff as Sr. No. 27, there is a post of wire man and the then existing pay scale of the post of wire man was 820-1520 and the revised new pay scale is 910-1520. In may opinion, even if there is no sanctioned post of wire man and if petitioner is discharging the duties of wire man in the Municipal Board, Bundi, he will be entitled to atleast minimum pay in the pay scale of wire man because on the principle of 'equal Pay for Equal Work'. If in a Government department, a wireman is paid a particular salary in the pay scale of wire man and more-so when the Government has taken a decision that the same pay scale will be admissible to the Municipal Board, a person working in Municipal Board shall be entitled to the minimum pay. Mr. Keshote, learned counsel for the petitioner has shown to me a copy of the muster-roll and he had mentioned in the writ petition that he will keep ready the muster-roll for perusal of the court, from which it appears that the petitioner was working as wire man in the Municipal Board, Bundi. The Municipal Board is in possession of the best evidence but the learned counsel for the Municipal Board has not produced any relevant record. At any rate, it can be said that it is not specifically denied that the petitioner was not appointed as wire-man. It is not even said as earlier in the reply that the petitioner was only appointed as Helper. It will appear that the petitioner is no only Higher Secondary but also has competency certificate issued by the Chief Electric Inspector and the same has been produced by the petitioner as Ex. 2. On the material on record, I am of the definite opinion that the petitioner is working as wire man and if that be so, that petitioner is entitled to the minimum pay in the pay scale of wire may along with allowances, if any. Unless there is any sanctioned post, the petitioner has no right for regularisation on that post and as given out by Mr. Bhandari that there is no sanctioned post of wire man in the Municipal Board, Bundi. Consequently, I hereby partly allow this writ petition and direct that the petitioner shall be entitled to the minimum pay scale of wire man w. e. f. 13. 11. 1990, the date he came to this court with all allowances. The arrears shall be paid to the petitioner as soon as possible but in no case later than four months. Cost made easy. . ;