Judgment S.J.Mukhopadhaya, J. 1. This application has been filed by the Association of Laboratory Technicians of Darbhanga Medical College and Hospital, Laheriasarai. Prayer has been made to direct the Respondents to pay the Laboratory Technicians the scale of Rs. 680-965/- with effect from 1.4.1981 in the light of 4th Pay Revision Committees recommendations and its acceptance and subsequent order of merger issued on 1st June, 1982. The consequential benefit, including corresponding revised scale of pay with effect from 1.1.1986 (arrears with effect from 1.3.1989) and further revision, as made recently, has been sought for. 2. The question relating to grant of scale of pay of the post of Laboratory Assistants and Laboratory Technicians of Medical Colleges, after merger of the two cadres and recommendations of the 4th Pay Revision Committee, fell for consideration before this Court in the case of the Health Department Association of Laboratory Technicians and others V/s. State of Bihar and ors. (In C.W.J.C. No. 951 of 1985). In the said case, a Bench of this Court, vide judgment dated 14th April, 1988, taking into consideration the order of merger dated 1st June, 1982 and 4th Pay Revision Committees recommendations, held as follows : "31. So far as the question as to whether there has been a merger of the cadres of Laboratory Technician and Laboratory Assistant is concerned, as seen hereinbefore, the basic facts are not denied. However, at the cost of repetition, it may be reiterated that the basic educational qualification at the initial stage for both Laboratory Technician and Laboratory Assistant were the same whereas the Laboratory Technician were required to have a certificate of training Laboratory Assistants were not so required. This aspect of the matter was under consideration of the State of Bihar itself which provided for imparting training to Laboratory Assistants. The duration and the syllabus of the training being the same for both Laboratory Assistants and Laboratory Technicians as noticed hereinbefore even prior to the 1st June, 1982, the State of Bihar directed that as and when the Laboratory Assistants obtains a certificate of training after passing the examination prescribed therefor he would also be entitled to the same scale of pay." "33. The Fourth Pay Revision Committee also reconsidered the same scale of pay both for Laboratory Assistants and Laboratory Technicians and the same has also been accepted by the State of Bihar." "35. The Fourth Pay Revision Committee also reconsidered the same scale of pay both for Laboratory Assistants and Laboratory Technicians and the same has also been accepted by the State of Bihar." "35. From a perusal of the said resolution, it is evident that the State of Bihar directed change of designation of Laboratory Assistant to that of Laboratory Technician not only in view of the fact that they have been getting the same scale of pay but also after taking into consideration that there was absolutely no necessity to keep both the designations for the said posts. The aforementioned resolution was adopted after analysing the relevant facts and by the said order it was directed that not only the designation of Laboratory Assistant would be changed to Laboratory Technician but designation of Laboratory Assistant would be deemed to have come to an end on and from the date of publication of the said resolution and further it was directed that, in future, fresh appointments against the sanction posts of Laboratory Assistant shall be done in the name of Laboratory Technician." "37. In this view of the matter, in my opinion, there is absolutely no doubt that there had been a unification/ merger of the cadres of the posts of Laboratory Assistant and Laboratory Technician. True it is that in the resolution dated the 1st June, 1982, as contained in Annexure-8 to the writ application, it was not specifically stated that both the cadres of Laboratory Assistant and Laboratory Technician would be merged but in effect and substance, the same was the purport of the aforementioned resolution which is also clear from the subsequent conduct of the State of Bihar itself and its officers as also the im pugned order as contained in An-nexure-1 to the writ application." "40. There cannot absolutely be any doubt that the State of Bihar has the power to rectify its mistake or to create a new class of posts but the same has to be done prospectively and not retrospectively. The impugned order, which was given retrospective effect, whereby and whereunder the vested right accrued to the petitioners has been taken away cannot be sustained........." "43. The impugned order, which was given retrospective effect, whereby and whereunder the vested right accrued to the petitioners has been taken away cannot be sustained........." "43. Further, in view of the statement made in in paras 30 and 32 of the writ application, as also in view of the letters as contained in Annexure- 13, 18 and 19 to the writ application to the effect that the employees posted as Laboratory Technicians and Laboratory Assistants having the same qualifications and having undergone the same training, discharging the same functions and performing the same duties clearly goes to show that they are equally placed and, as such, the doctrine of equal pay for equal work is also applicable in their cases." 3. In view of specific finding of the Court, I hold that Laboratory Technicians of Medical College are entitled for scale of pay of Rs. 680-965/- with effect from 1.4.1981, as is allowed in favour of Laboratory Assistants and the consequential corresponding revised scale of pay as allowed to the Laboratory Assistants on acceptance of 5th Pay Revision/Fitment Committees report and the subsequent revision, as made recently with effect from 1.1.1996. 4. The aforesaid benefits be allowed in favour of one or other member of the petitioners Association and other similarly situated persons, on an early date and, arrears, if any, be paid preferably within six months. 5. The writ petition is allowed with the aforesaid observations and directions.