JUDGMENT M. G. Chitkara, Vice-Chairman.—Shri Pitamber Dev, a Mechanic in Government Degree College, Mandi has filed the present application under section 19 of the Administrative Tribunals Act, 1985 praying that the respondents be directed to remove the anomaly in the revision of his pay scale since 1968 and he be held entitled to the arrears accruing thereof. 2. The case of the applicant, briefly enumerated, is that he was appointed as Mechanic in the pay scale of Rs 75 150 vide office order dated April 28, 1966 whereas the Senior Lecturer Assistants and Junior Lecturer Assistants at that time were in the pay scale of Rs. 60-120 and Rs. 50-100 respectively. In the year 1970, the pay scales of the Laboratory Staff in Himachal Pradesh Government Colleges were revised with effect from February 1, 1968 and the above three categories were placed in the following pay scales: Mechanics. Rs. 120-250 Senior Lecturer Assistants. Rs. 120-250 Junior Lecturer Assistants. RS. 110-200 Similarly, in the second revision of pay scales with effect from January 1, 1978, the following pay scales were given to these three categories : Mechanics Rs 400-660 Senior Lecturer Assistants. Rs. 400-660 Junior Lecturer Assistants. Rs. 400-600 The pay scales of the categories of Senior Lecturer Assistants and Junior Lecturer Assistants were again revised in the Slate of Punjab vide Corrigendum dated June (0, 1983 whereby these categories were given the pay scale of Rs. 510-800 and Rs 450-700 respectively with effect from 1-1-1978 whereas the pay scale of the applicant continued to be that of Rs. 400-660. The applicant had been representing his case since the year 1970 but of no avail. 3. The case of the respondents as set out in the reply-affidavit dated May 29, 1989 is that the applicant prior to the revision w. e. f. February 1, 1968 was in the higher pay scales of Rs. 75-150 than those of the Senior Lecturer Assistants and Junior Lecturer Assistants who were in the pay scale of Rs. 60-120 and 50-100 respectively. It is also admitted that on revision of pay scales w e. f. February 1, 1968, the Senior Lecturer Assistants and Junior Lecturer Assistants were given the pay scale of Rs. 120-250 and Rs. 110-200 respectively whereas the pay scale of the Mechanic was revised to Rs 120-250. 60-120 and 50-100 respectively. It is also admitted that on revision of pay scales w e. f. February 1, 1968, the Senior Lecturer Assistants and Junior Lecturer Assistants were given the pay scale of Rs. 120-250 and Rs. 110-200 respectively whereas the pay scale of the Mechanic was revised to Rs 120-250. Similarly, in the second revision of pay scales w. e f January 1, 1978 the Senior Lecturer Assistants and Junior-Lecturer Assistants were given the pay scale of Rs 400-660 and Rs 400-600 respectively whereas the Mechanics were given the pay scale of Rs. 400-660 The respondents have also admitted that the Senior Lecturer Assistants and Junior Lecturer Assistants were again given the pay scale of Rs 510-800 and Rs. 450 700 on the Punjab pattern vide corrigendum dated June 10, 1983 w e f. January 1, 1978 whereas the pay scale of the Mechanics remained the same, that is, Rs 400-660. 4. We have heard Shri Mayur Prakash learned Counsel for the applicant and Shri Nariader Thakur learned Additional Advocate General on behalf of the respondents and also perused the record Shri Nariuder Thakur at the very outset raised a preliminary objection that the applicant applied for change in his pay scale dating back to 21 years which is very much barred by limitation. As mentioned in the application, the applicant during all these years has been vigorously pursuing his case and the matter was taken up with the Punjab Government by the Himachal Pradesh Government. It is admitted that till the revision of pay scales from February 1, 1968 she Mechanics were in the higher pay scales than those of Senior Lecturer Assistants and Junior Lecturer Assistants On revision of pay scales from February 1, 1968, the Senior Lecturer Assistants were brought at par with the Mechanics in the pay scale of Rs. 120 250 whereas the Junior Lecturer Assistants were given the pay scale of Rs 110-200. On the second revision of pay scales with effect from January 1, 1978, the pay scale of Mechanics and Senior Lecturer Assistants was revised from Rs. 120-250 to Rs 400 660 whereas the pay scale of Junior Lecturer Assistant was revised to Rs. 400-600 Again, the pay scale of the categories of Senior Lecturer Assistants and Junior Lecturer Assistants was revised to Rs 510-800 and Rs. 120-250 to Rs 400 660 whereas the pay scale of Junior Lecturer Assistant was revised to Rs. 400-600 Again, the pay scale of the categories of Senior Lecturer Assistants and Junior Lecturer Assistants was revised to Rs 510-800 and Rs. 450-700 vide corrigendum dated June 10, 1983 on the Punjab pattern whereas the pay scale of the Mechanics remained the same. 5. Shri Mayur Prakash, learned Counsel for the applicant, has produced a Notification dated April 23, 19 >3 to-day in the Court which has been taken on record. According to this notification, the pay scales of the Junior Lecturer Assistants and Senior Lecturer Assistants have been revised to Rs. 510-940 and Rs. 570-1080 with effect from January 1, 1978 and Rs. 1350-2400 and Rs, 1500-2640 with effect from January !, 1986 respectively. The case in hand relates to equation in the pay scales, which is likely to adversely affect the applicant for grant of pension, in case it is not allowed. The plea of limitation based on the relevant section is one which the court always looks upon with dis-favour and it is unfortunate that a public authority in all morality and justice, take up such a plea to defeat a just claim of the citizen It is high time that Governments and public authorities adopt the practice of not relying upon technical pleas for the purpose of defeating legitimate claims of citizens and do what is far and just to the citizens. Of course, if a Government or a public authority takes up a technical plea, the Court has to decide it and if the plea is well-founded, it has to be upheld by the court, but what we feel is that such a plea should not ordinarily be taken up by a Government or a public authority, unless of course the claim is not well-founded and by reason of delay in filing it, the evidence for the purpose of resisting such a claim has become unavailable, (See Madras Port Trust v. Hymanshu International by its Proprietor v. Venkatadri (Dead) by L.R.s, (1979) 4 SCC 176). 6. It is admitted that uptil February 1, 1968, the Mechanics were in the higher pay scale than those of Senior Lecturer Assistants and Junior Lecturer Assistants. 6. It is admitted that uptil February 1, 1968, the Mechanics were in the higher pay scale than those of Senior Lecturer Assistants and Junior Lecturer Assistants. In the first revision of pay scales from February 1, 1968, Senior Lecturer Assistants were brought at par with the Mechanics, which post the applicant was holding and the Junior Lecturer Assistants were in the lower pay scale. In the second revision of pay scales with effect from January 1, 1978, the Mechanics and Senior Lecturer Assistants were in the same pay scale of Rs. 400-660 whereas the Junior Lecturer Assistants were placed in the lower pay scale of Rs. 400-600. The pay scales of the two categories of Senior Lecturer Assistants and Junior Lecturer Assistants were again revised vide corrigendum dated June 10, 1983 on the Punjab pattern and these categories were given the pay scales of Rs 510-800 and Rs. 450-700 respectively with effect from January 1, 1978 whereas the pay scale of the Mechanics remained the same i.e. Rs 400-660 The employee of the different trades in the skilled grade cannot be treated differently i.e. by allowing higher scale of pay to employees of some of the trades from an earlier date and giving the same benefit to members of other trades in the skilled grade from a later date. This will per se be discriminatory and it will be contrary to the equity clause envisaged in Articles 14 and 16 of the Constitution as well as the fundamental right of equal pay for equal work. [See Bhagwan Sahai v. Union of India and another, AIR 1989 SC 1215 at page 1217 para-11]. It is true that equation of posts and equation of pay are matters primarily for the Executive Government and expert bodies like the Pay Commission and not for Courts but where all things are equal that is, where all relevant considerations are the same, persons holding identical posts may not be treated differently in the matter of their pay merely because they belong to different departments. Of course, if officers of the same rank perform dissimilar functions and the powers, duties and responsibilities of posts held by them vary, such officers may not be heard to complaint of dissimilar pay merely because the posts are of the same rank and the nomenclature is the same. Of course, if officers of the same rank perform dissimilar functions and the powers, duties and responsibilities of posts held by them vary, such officers may not be heard to complaint of dissimilar pay merely because the posts are of the same rank and the nomenclature is the same. [See Randhir Singh v. Union of India and others, AIR 1982 SC 879 at page 881 para-6]. It is well known that there can be and there are no different grades in a service, with varying qualifications for entry into a particular grade, the higher grade often being a promotional avenue for officers of the lower grade. The higher qualifications for the higher grade, which may be either academic qualifications or experience based on length of service, reasonably sustain the classification of the officers into two grades with different scales of pay. The principle of equal pay for equal work would be an abstract doctrine not attracting Article 14 if sought to be applied to them. [See Randhir Singhs case (supra) at page 881 para 7). 7. As already noticed, prior to the revision of 1968, the applicant (a mechanic) was in the higher pay scale than those of Senior Lecturer Assistants and Junior Lecturer Assistants. On the revision of pay scales w. e. f. February 1, 1968 and January 1, 1978, the Senior Lecturer Assistants were brought at par with the pay scale of Mechanics and the Junior Lecturer Assistants were in the lower pay scale. Subsequently, the pay scales of these two categories of Senior Lecturer Assistants and Junior Lecturer Assistants were revised in Punjab to Rs. 510-800 and Rs. 450-700 respectively and the said pay scales were given in Himachal Pradesh vide Corrigendum dated June 10, 1983 with effect from 1-1-1978 whereas the Mechanics were given the pay scale of Rs. 400-660. Thus both the above categories were given the higher pay scale from January 1, 1978. As per the Notification dated April 23, 1993 produced by the learned Counsel for the applicant, the pay scales of Junior Lecturer Assistants and Senior Lecturer Assistants have again been revised and these two categories have been granted the pay scale of Rs. 510-940 and Rs 570-1080 with effect from January 1, 1978 and Rs. 1350-2400 and Rs. 1500-2640 with effect from January 1, 1986 respectively. 510-940 and Rs 570-1080 with effect from January 1, 1978 and Rs. 1350-2400 and Rs. 1500-2640 with effect from January 1, 1986 respectively. In the instant case, the employees who were initially in the lower pay scales than the applicant have subsequently vide Notification dated April 23, 1993 been granted higher pay scale with effect from 1-1-1978. The said order seems to be discriminatory and violative of the principles of Article 14 of the Constitution of India. In view of above, the application is allowed. The respondents are directed to release the revised pay scale of Rs. 570-1080 with effect from January 1,19/8 and Rs. 1500-2640 with effect from January 1, 1986 in favour of the applicant with all consequential benefits. No order as to costs. Application allowed.