Judgment S.B.Sinha, J. 1. In this writ application, the petitioner has prayed for issuance of a writ of or in the nature of manadmus directing the respondents to accord to the petitioners and other persons, who are similarly situated equal treatment in the matter of conditions of service including pay and allowances vis-a-vis Chaukidar Tahsildars of Chotanagpur Division, who, for the purpose of pay and other service conditions, are similarly situated to the petitioners. 2. The facts of the case lie in a very narrow compass. 3. The petitioner No. 1 is an Association of the Choukidari Tahsildars and petitioner Nos. 2 to 7 are Presidents of different Panchayats in the State of Bihar. Village Choukidars are appointed in terms of the Village Choukidari Act, 1870 and their conditions of service are governed by the Bihar Choukidari Manual. In terms of the provisions of the said Act, the District Magistrates have the power to appoint them. It is true that District Magistrate have, however, been empowered to delegate his own power to other Magistrates including the Sub-Divisional officers. According to the petitioners, the nature of work and duties of the Presidents of Panchayats, which posts are held by the petitioners 2 to 7, are allegedly governed under Rules 129 to 140-A of the Manual aforementioned. The petitioners have stated that all the Choukidars in the State of Bihar perform the same or similar duties. 4. In terms of the provisions of the Act and the Manual, payment of wages to choukidars and dafadars and other incidental expenses are to be borne by the Panchayats wherefor they are authorised to levy taxes known as choukidari taxes. In order to cover the expenses the Panchayats are also authorise to collect 15% extra amount. The petitioners have alleged that, although the procedure for appointment, nature of work and duties and mode of payment in respect of all the choukidars and dafadars are similar to those who are appointed in the Chota Nagpur Division and who are being paid salary in the scale of pay prescribed by the Government in terms of Order No. 2202R, dated 10.3.1964 which has been revised from time to time, but the petitioners have been deprived therefrom. At present, the said scale is Rs. 535-785. 5. At present, the said scale is Rs. 535-785. 5. The petitioners have, therefore, contended that, as the duties and functions of choukidars and dafadars working in the Chota Nagpur Division and other region of the State of Bihar are the same, there is absolutely no reason as to why they should be discriminated against. Act cording to the petitioners, several representations were filed on their behalf but it appears that the Stave of Bihar has rejected their applications. 6. In this case, a counter-affidavit has been filed on behalf of the State of Bihar. In the said counter-affidavit, it has been mentioned that the choukidars and Tahsildars in the Chota Nagpur Division are appointed under the Chota Nagpur Rural Police Act, 1914 and the scale of pay in relation to the said choukidars and Tahsildars was fixed for the first time in 1937 which has been revised from time to time. The respondents have further staged that so far as the other parts of Bihar are concerned. Tahsildars are appointed under the Village Choukidari Act. It has further been mentioned that, with regard to the work-load also, there is difference between the choukidars and dafadars of the Chota Nagpur Division and other parts of the State, as there is one Choukidari Tahsildar in one Circle, whereas in other parts of Bihar there about 10 Sarpanches in one circle. 7. The aforementioned statements have been controverted by the petitioners in their rejoinder. In the said rejoinder, it was mentioned that the Village Choukidari Act, 1870 is applicable to the entire State of Bihar, The petitioners have further stated that even the choukidari tax is being collected by the Tahsildars of Chota Nagpur Division as also other divisions under the same receipt form. It has further been stated that the petitioners are also known as Tahsildars as would appear from Annexure-1 to the writ application. The petitioner have further submitted that even under the provisions of the Chota Nagpur Rural Police Act different remunerations were provided for different Choukidari Tahsildars which depends upon the rate of collection. However, the said practice was later on abolished and the Choukidari Tahsildars were put in a particular scale of pay since 1964. The petitioner have further contended that the amount of work that are performed by the Choukidari Tahsildars is also the same as is done by their counterparts in the Chota Nagpur Division. 8. However, the said practice was later on abolished and the Choukidari Tahsildars were put in a particular scale of pay since 1964. The petitioner have further contended that the amount of work that are performed by the Choukidari Tahsildars is also the same as is done by their counterparts in the Chota Nagpur Division. 8. Mr. Tara Kant Jha, learned counsel for the petitioners has submitted that the nature of duties and functions performed by the petitioners as also by the other choukidari Tahsildars in the Chota Nagpur Division is governed by their respective Manual. According to the learned counsel, the nature of duties and functions performed by the petitioners and their counterpart of Chota Nagpur Division are almost the same. The learned counsel for the petitioners further submitted that there is no reason why a different scale of pay to the Choukidari Tahsildars of Chota Nagpur Division while doing the same job as that of the petitioners should be fixed. 9. However, in view of the fact that in the counter-affidavit itself the respondents have stated that the Circle Sarpanch Sangh has filed a representation before the Chief Minister and the same is under consideration of the State Government. I am of opinion that the matter should be considered from all its aspects by the State Government afresh. The State Government while considering the representations of the petitioners, in my opinion, should also take into consideration the salient principles embodied under Article 39(d) of the Constitution which provides for equal pay for equal work. In any event, the State Government will be well advised to consider the case of the petitioners regard being had to the nature of duties and other functions of the petitioners vis-a-vis Choukidari Tahsildars of Chota Nagpur Division in terms of the provisions of the Village Choukidari Act and the Manual and the Chota Nagpur Rural Police Act, 1914. As the matter has been pending for a long time, it is expected that the State Government shall take a decision in this regard at an early date, preferably, within a period of three months from the date of receipt of a copy of this order. The State while passing the order may keep in mind the recent decisions of the Supreme Court. Reference in this connection may be made to the decision reported in -- . 10. The State while passing the order may keep in mind the recent decisions of the Supreme Court. Reference in this connection may be made to the decision reported in -- . 10. Let a copy of this order be handed over to the Junior Counsel to the Standing Counsel No. V for communication to the department concerned. 11. With the above observation and directions, this application is disposed of but in the circumstances of this case, there shall be no order as to costs.