A.K. Mathur, J. - (1.) Petitioner by this writ petition has prayed that respondent may be directed to fix his salary subsequent to his absorption in the pay scale No. 6 and to revise his salary as per the Rajasthan Civil Services Revised Pay Scales Rules, 1969, 1976 and 1983 and to pay the petitioner all arrears of salary. Petitioner has further prayed that since he is a Pump Driver of the Public Works Department and he is being paid the salary in the pay scale of Rs. 375-530 whereas the persons serving as a Pump Driver in the Agriculture Department, P. H. E. D, Mines and Geology and Ground Water Department are getting the pay scale of Rs. 420-740, he should also be fixed at this scale as the duties discharged by him are same as that of this Department.
(2.) Petitioner entered in the Government Service as Mali in the Agriculture Department of Government of Rajasthan. Thereafter he was appointed as Pump Driver on 22-10-1966 in the Government Nursery, Chopasni for a period of 29 days. His pay was fixed at Rs. 100 in the revised pay scale Rs.100-180. He has also given an increment on 1-9-1969 and his pay was raised to Rs. 305. Petitioner was declared surplus from the Agricultural Department and he was thereafter absorbed as a Pump Driver in the office of the Executive Engineer, Irrigation (Famine) vide order of the Collector, Jalore. He has been granted increment and his pay was raised to Rs 110. He was again declared surplus by the Executive Engineer, Irrigation (Famine) and was asked the Collector, Jalore for further absorption. He was absorbed as a Pump Driver in the Government College Jalore vide order dated 31-5-1971. Again the petitioner was declared surplus and finally he was absorted by the GAD in the P.H.E D. as a Pump Operator vide order dated 27-7-1971. This was cancelled by the order dated 4-10-1971 and finally be came to be absorbed as a Pump Driver in the office of the Superintendent, Government Gardens, Jaipu by order dated 4/8-10-1971 vide Anne. 2. The grievance of the petitioner is that he has not been correctly fixed A reply has been filed by the respondent justifying the fixation. However, Mr. Mridul, counsel for the petitioner has raised a larger issue that when the Pump Driver is discharge the same duties in the Garden Department and this post carries pay scale of Rs. 370-530 whereas the Pump Driver similarly situated in the other Departments like Agricultural, PHED Mines & Geology, Ground Water Board etc they are having a higher pay scale i.e. 420-740. When persons are similarly situated and discharging similar duties, they should not be discriminated and if will be violation of Articles 14 and 39B of the Constitution. In this connection Mr. Mridul has invited my attention to Randhir Singh v. Union of India, AIR 1982 SC 879. In that case petitioner was a driver constable in the Delhi Police Force under the Delhi Administration and he demanded the scale of pay should be at least the same as the scale of other drives in the service of the Delhi Administration. The Hon'ble Supreme Court after considered the matter observed as under:- "There cannot be the slightest doubt that the drivers in the Delhi Police Force perform and duties as other drives in service of the Delhi Administration and the Central Government. If anything, by reason of their investiture with the 'powers' function and privileges of a police officer, their duties and responsibilities are more arduous. In answer to the allegation in the Petition that the driver-constables of the Delhi Police Force perform no less arduous duties than drivers in other departments, it was admitted by the respondents in their counter than the duties of the driver-constables of the Delhi Police Force were onerous. What then is the reason for giving them a lower scale of pay than others. There is none. The only answer of the respondents is that the drives of the Delhi Police Force and the other drives belong to different departments and that the principle of equal pay for equal work is not a principle which the Courts may recognise and act upon. We have shown that the answer is unsound. The clarification is irrational. We, therefore, allow the writ petition and direct the respondents to fix the scale of pay of the petitioner and the driver-constables of the Delhi Police Force atleast on a per with that of the drivers of the Railway Protection Force. The scale of pay shall be effective from 1st Jan, 1973 the date from which the recommendations of the Pay Commission were given effect." Thus in this view of matter it is clear that persons who are discharging the same duties under one employer should be given same pay scale. It is admitted that the petitioner is a Pump Driver and the Pump Drivers who are discharging identical duties in other Departments are in higher pay scale. There is no justification that a person who is working on the post of Pump Driver in the Garden Department of the Government of Rajasthan should get pay scale Rs. 370-530 whereas the Pump Driver working in other Departments are getting higher pay-scale when both are discharging the same duties. This is absolutely violative of Article 39 of the Constitution. Article 39 reads as under:- (d) that there is equal pay for equal work for both men and women" Thus the Constitution requires that person discharging similar duties should be given equal pay. In he present case no justification has been provided that persons working as pump driver in the Garden is any way dissimilar from pump driver working in the Irrigation, Mines and Geology or P.H.E.D.
(3.) Thus in the result I allow the writ petition and direct that the petitioner is entitled to the pay scale of Rs. 420-740 with effect from 1983. Petition allowed.;