JUDGMENT Rakesh Tiwari, J.
1. Heard learned counsel for the parties.
2. The petitioner was selected for the post of Secretary in Krishi Utpadan Mandl Samiti vide letter dated 25th January. 1985 by a selection committee by way of direct recruitment which is the only source of recruitment under Section 19 of the U. P. Krishi Utpadan Mandi Adhiniyam, 1964. The services of the petitioner are governed by the Centralised Services Rules after the services of the Secretaries of Mandi Samiti were merged vide order dated 1.8.1984. In the order of merger there was no classification of different kinds of Secretaries.
3. The petitioner was posted as Secretary in Krishi Utpadan Mandf Samiti in the pay scale of Rs. 1,640-2,900. Subsequently his pay scale was fixed in the scale of Rs. 3,000-4,500 in the year 1992. The functions, duties and powers of all the Secretaries in all Mandi Samitis are the same under Rule 24 (6-B) of the Rules. The petitioner is a confirmed employee and his cadre is equivalent to that of Deputy Directors, who are getting salary in the pay scale of Rs. 3,000-4,500 revised pay scales.
4. The petitioner had earlier filed Writ Petition No. 2742 of 2000. Shahjade v. Chairman, Rajya Krishi Utpadan Mandi Parishad and Ors., for granting pay scale of Rs. 2,200-4,000 on the principle of equal pay for equal work with effect from 1.1.1986 as well as for granting revised pay scale of Rs. 3,000-4,500 with effect from 1.8.1992.
5. After hearing the parties, the said writ petition was disposed of by the Judgment and order dated 27.2.2001 with the direction to the respondent No. 1 to decide the representation of the petitioner within two months from the date of production of a certified copy of the order by a speaking in reasoned order.
6. In pursuance of the judgment and order dated 27.2.2001. the petitioner submitted a representation on 7.3.2001, before respondent No. 1. inter alia stating that he is working as Sachlv in U. P. Krishi Utpadan Mandi Samiti. Baberu. district Banda and was given the same departmental training as given to the Deputy Directors. It has been specifically alleged that the functions, duties and powers of all Sachlvs working in any Mandi Samiti of Uttar Pradesh are the same. The pay of employees of other cadres, i.e.. Peons, Chaukldar, Head Clerk. Mandi Sahayak, Mandi Nirlkshak, Supervisor, Clerks. Cashier. Head Cashier and Accountants are not changed, even if the employees are transferred from one Mandi Samiti to another Mandl Samiti except the Sachlvs of the Krishi Utpadan Mandf Samftls who are placed in different pay scales according to their classification/grade of post in which they are working. That is to say, there is no discrimination of employees of different Mandi Samitis in respect of their duties, powers and pay scales, but in the case of Sachivs there is a discrimination in the pay scales, which is alleged to be illegal and against Articles 14 and 16 of the Constitution of India.
7. It has been submitted by the learned counsel for the petitioner that after the merger of services of the petitioner in the Centralised Service Rules, scales of Secretaries had not been mentioned in the order dated 25.1.1985. The services of the Sachivs appointed in different Mandl Samitis are transferable to any other Mandi Samiti. The educational qualification in respect of recruitment, powers, duties and functions of all the Sachivs in different Mandl Samitis, remain the same. The petitioner has undergone departmental training with other Deputy Directors, who are getting salary in the revised pay scale of Rs. 3.000-4.500. They are equal in rank and status as the petitioner, but the latter are getting salary in the scale of Rs. 3.000-4.500 in place of Rs. 2,200-4,000 and as such the petitioner is also entitled to revised pay scale of Rs. 3.000-4,500 on the principle of equal pay for equal work. They cannot be discriminated against in view of this, and the respondents have violated Articles 14 and 16 of the Constitution of India by depriving him of the revised pay scale. They are Illegally keeping him in the pay scale of Rs. 2.200-4,000.
8. The representation of the petitioner was decided by the impugned order dated 22.5.2001, Annexure-3 to the writ petition. The respondents have not denied that the functions, duties and powers of the Sachivs of the various Mandi Samitls are the same irrespective of their place of working, but it is stated that the post of Sachlv had been classified into four categories by an order 25.1.1985. which was modified with effect from 15.3.1991 under Rule 9 of the Krlshi Utpadan Mandi Samiti (Centralised Service Rules) Rules, 1984. A perusal of the order shows that the petitioner was placed in category-3 according to the Mandi Samiti in which he is working. Even though he was seniormost Secretary, he has been placed in category-3 of the Mandi Samiti and has been denied the pay scale of Rs. 3,000-4,500 only on the ground that the Government has power to classify different categories of the post of Sachiv and as such it is alleged that the different pay scales for this post are neither illegal nor against Articles 14 and 16 of the Constitution of India. It has been stated that the petitioner was working in Group C in the pay scale of Rs. 3,000-4,500. but he cannot claim parity with those employees, who are directly employed in categories 1 and 2 on the principle of equal pay for equal work, even though he is the seniormost Sachiv in Mandi Samiti.
9. It is not denied by the U. P. Krlshi Utpadan Mandi Samiti that the petitioner is the seniormost Sachiv in the department and there is no difference in the functions, duties and powers of the Sachivs in different Mandi Samitls. It is also not disputed by the Mandi Samiti that any Sachiv can be posted in any Mandi Samiti. In the Centralised Service Rules, no pay scales have been provided to any category of the Secretaries in the Mandi Samiti. The classification of four categories of Sachiv by order dated 25.1.1985, is for various Mandi Samitis. but has no effect on the powers, duties and functions and other conditions. Hence there is no reason to deny the pay scale of Rs. 3,000-4,500 to the petitioner.
10. For the reasons stated above, the writ petition succeeds and is allowed. The impugned order dated 22.5.2001. is hereby quashed and the respondents are directed to grant pay scale of Rs. 3,000-4.500 to the petitioner with effect from 1.1.1986 and also consequential benefits.