S. B. SINHA, J. ( 1 ) THE only question that has arisen for my consideration in this application is as to whether the Amin Tahashildars can get the same scale of pay as that of the Surveyors on the basis of equal pay for equal work as enshrined in Article 14 read with Article 39 (d) of the Constitution of India. In a judgment delivered by me relying on various Supreme Court decisions, I have held that keeping in view of the fact that the nature of job, the educational qualification etc. are different in the case of Amins and Surveyors, they cannot be directed to pay at par with the Surveyors in terms of the doctrine of equal pay for equal work. However, it appears that another learned Single Judge has taken a contrary view. I am informed by the Bar that both the cases are pending consideration before a Division Bench of this Court. ( 2 ) MR. Neogi Submits that keeping in view of the fact that the earlier judgment passed by this Court wherein it has been held that Amins are entitled to get equal pay for equal work as that of the Surveyors, the petitioners should not be discriminated, as the judgment of this Court has already been implemented. ( 3 ) IT may be noticed that pay Commission has also fixed different pay scales for Surveyors and Amins having regard to the nature of work and other relevant factors. The jurisdiction of this Court under Article 226 of the Constitution of India is very limited. ( 4 ) THIS Court can direct grant of similar scale of pay on the basis of the doctrine of equal pay for equal work when this Court can come to a finding that both the classes of employees are absolutely similarly situated. Reference in this connection may be made to the decisions made in AIR 1989 SC page 19 and AIR 1995 SC page 29 and the recent judgment of Supreme Court reported in 1994 SCC Vol. 4 page 78 and the recent Full Bench Decision of the Patna High Court reported in 1995 Vol. I PLJR page 123.
Reference in this connection may be made to the decisions made in AIR 1989 SC page 19 and AIR 1995 SC page 29 and the recent judgment of Supreme Court reported in 1994 SCC Vol. 4 page 78 and the recent Full Bench Decision of the Patna High Court reported in 1995 Vol. I PLJR page 123. ( 5 ) HAVING heard the learned Counsel of the petitioners, I am of the view that in the event the relief sought for is given to the petitioners, the same would amount to arrive at an indirect finding that the Amins should be given same scale of pay which is payable to the Surveyors on the basis of the doctrine of equal pay for equal work. What cannot be done directly, in my opinion, cannot be done indirectly. ( 6 ) IN that view of the matter, I am of the considered view that the entire matter may require consideration by a larger Bench. ( 7 ) LET this order be placed before the Hon'ble Chief Justice so as to enable His Lordship to consider as to whether the matter merits hearing by a Larger Bench. However, in terms of the provisions of the writ Rules, I direct that the matter may be placed before the Division Bench, in the event the Hon'ble Chief Justice is of the opinion that the matter need not be referred to a Larger Bench. Matter referred to a large Bench.