Judgment Ajay Rastogi, J.-The petitioner , who was holding the post of Tailor in the Medical & Health Department since 17th May, 1977, his grievance is that the different pay scales are prescribed in the Govt. for Tailor working in the Medical & Health Department and tailor working in Jail Department, which is discriminatory, despite the fact that they are discharging the same duties and functions and has prayed that he may also be fixed in the pay scale admissible to Tailor working in the Jail Department (pay scale No. 6) on the basis of principles of equal pay for equal work. 2. The petitioner was initially appointed as Ward Boy on 10th December, 1960 in the department of Medicawl & Health Department and was promoted on the post of Tailor w.e.f. 17th May, 1977 in the pay scale of 250-360 (pay scale No. 4). He filed this writ petition on 10th August, 1993 for claiming pay scale admissible to Tailor working in the Jail Department. But before the writ petitioner came to this Court, one similar Writ Petition No. 744/1989 was filed by Maya Ram, who was working as Tailor in the Medical & Health Department and claimed parity in the pay scale with those who were working in the Jail Department and after examining the controversy, this Court vide its order dated 25th March, 1991 finally held as under:- "In the result because of the absence of the reply of the State on this specific issue I hereby accept this prayer also and direct that the Tailors working in Health Department should also be given the same grade which is given to the Tailors working in Jail Department. It is further directed that the petitioner will also be entitled for the same grade and his pay should be revised accordingly by giving him the grade which was available to the Tailors of the Jail Department." 3. Once it was held by this Court that the Tailors working in the Medical & Health Department are entitled to same grade, which is admissible to Tailor working in the Jail Department and despite the Judgment of this Court, relief was not granted to him, which compelled him to approach this Court by filing this writ petition under Article 226 of the Constitution of India.
The controversy since has already been decided as referred to in the case of Maya Ram (Supra), and it is not required now to further adjudicate the matter and accordingly I direct the respondents in the light of order of this Court dated 25th March, 1991 passed in S.B. Civil Writ Petition No. 744/89 to fix the petitioner notionally in the same grade, which is given to the Tailor working in the Jail Department and after making his due fixation, the arrears be, computed from the date of filing of the writ petition i.e., 10th August, 1993 and arrears of salary including pension and other retiral benefits shall also be revised and be paid to him within a period of three months from the date certified copy is made available. 4. The writ petition is disposed of in the above terms. There shall be no order as to costs.