D. K. SETH, J. ( 1 ) SHRI Ajai Kumar Dwivedi learned Counsel for the petitioner assailed the order dated 12. 6. 90 by which fixation of scale pursuant to the IIIrd Pay Commission was amended on the ground that the same is arbitrary and discriminatory and contrary to the principle of equal pay for equal work. He also contends that Attendants and Head Attendants of the petitioners department are doing the job similar to that of Jail Warders and Head Warders, Police Constable and Foresters in the State of U. P. who are getting higher scale which should also be accorded to the petitioner. ( 2 ) I have heard Shri Ajai Kumar Dwivedi, learned Counsel for the petitioner at length. I have also heard Shri V. R. Agarwal, learned Standing Counsel. ( 3 ) IT appears that pursuant to the IIIrd Pay commission by an order 28. 4. 1990, scales of different posts in the medical department was prescribed. In S1. No. 18 Head Attendant was placed in the scale of Rs. 825-1200 and that of Mahila Head Attendant at Rs. 775-1025 in S1. No. 19 whereas the Attendant and Mahila Attendant were placed in the scale of Rs. 825-1200 at S1. Nos. 20 and 21 respectively in both the case. A plain perusal of the said order clearly indicates that there has been some mistake which is apparent from the face of it. When the rate of Mahila Head attendant is fixed at 775-1025 in that event scale of Attendant and Mahila Attendant cannot be fixed at Rs. 825-1200 and since the post are lower than that of Head Attendant. Thus the said mistake was sought to be corrected by the said amendment contained in the order dated 12. 6. 1990 whereby the scale of Mahila Head Attendant in S1. No. 19 was amended as Rs. 825-1200 and that of Attendant (male) and Female Attendant was amended as 775-1025. Thus, there is no infirmity in the amendment itself and as such all contentions against said amendment as raised by Mr. Dwivedi cannot be sustained. ( 4 ) THE other question raised is that the petitioners are performing same and similar duties as that of the Jail Warders and Head Warders, Police Constable and Foresters, therefore, their scales should be fixed at the scale of the Jail Warders, Head Warders, Police Constables and Foresters at Rs. Dwivedi cannot be sustained. ( 4 ) THE other question raised is that the petitioners are performing same and similar duties as that of the Jail Warders and Head Warders, Police Constable and Foresters, therefore, their scales should be fixed at the scale of the Jail Warders, Head Warders, Police Constables and Foresters at Rs. 950- 1500/- Such statement has been sought to made in paragraphs 23 to 25 of the writ petition. Except such statement In paragraph Nos. 23, 24 and 25, there is no averment made in that regard. There is nothing to show that how the Jail Warders, Head Warders, Police constables and Foresters were performing same and similar duties attracting the principle of equal pay for equal work. Nothing has been explained either in the pleading or nothing has been sought to be put even through any documents available on record. It is not possible as to whether attendants and Warders are performing the same nature of duty or not. It is not open to the Court to decide such question when the same is decided by the Commission unless proper materials are placed before the Court to show that there has been glaring violation of equal pay for equal work with sufficient material. In the present case in the absence of any sufficient material, it is not possible to decide such question. Apart from bald statement that the said Jail Warders, Head warders, Police Constables and Foresters are belonging to Class III posts nothing has been mentioned as to how they are assigned with the same kind of work which the petitioners are performing. In that view of the matter, I am not prepared to accept the contention of Mr. Dwivedi. ( 5 ) THE writ petition fails and is accordingly dismissed. ( 6 ) HOWEVER, there will be no order as to cost. .