Judgment :- (1.) In this writ application the following reliefs have been prayed for :- (a) to issue a writ in the nature of Mandamus directing the respondents to forthwith confer upon the Sanitary Inspectors of the Municipalities all the benefits of service including the pay scale and retiral benefits at par with the sanitary inspectors of the State Government ; (b) to issue a writ in the nature of Mandamus directing the respondents to forthwith remove the anomalies in the pay scale and the conditions and benefits of service including the retiral benefits between the sanitary inspectors of the municipalities and the sanitary inspectors of the State Government ; (c) to issue a writ in the nature of Mandamus directing the respondents to forthwith act at par and implement the said declared policy of the State Government, their declarations and commitments and the said Gazette Notification dated 24.3.1976 (Annexure "A") by conferring upon the sanitary inspectors of the municipalities with all the benefits of service including the pay scale and retiral benefits equal to those of the sanitary inspectors of the State Government ; (d) to issue a rule Nisi in terms of clauses (a), (b) and (c) above ; (e) to pass appropriate orders and/or directions upon the respondents to allow the petitioners, the sanitary inspectors of the Municipalities to enjoy the pay scale and all other benefits of service including the retiral benefits equal to those of the sanitary inspectors of the State Government during pendency of the said rule ; (f) to make the said rule absolute; (g) to allow cost of and incidental to this application ; (h) to issue such other appropriate writ or writs or pass such further or other order or orders as to Your Lordship may seem fit and proper." (2.) In course of hearing the writ petitioners filed a further Supplementary Affidavit annexing various documents to show the justification of their claim of identical pay scale as being enjoyed by the Sanitary Inspector, Group A in West Bengal Subordinate Health Services (Non-Medical Technical Personnel). The main writ application and the supplementary affidavit have been dealt with by filing affidavits by Respondent Nos. 1 and 2 jointly. Affidavit-in-Reply also has been filed by the writ petitioners. The main writ application and the supplementary affidavit have been dealt with by filing affidavits by Respondent Nos. 1 and 2 jointly. Affidavit-in-Reply also has been filed by the writ petitioners. (3.) The facts leading to the writ application are to this effect :-"The writ petitioners are appointees in the different posts of Sanitary Inspectors in different Municipalities in the State of West Bengal on being appointed on diverse dates starting from the year 1964 to the year 1989 as mentioned in detail in Paragraph 3 of the writ application. It is contended in the writ petition that all appointees passed Sanitary Inspectorship Certificate from the authorized institutions and thereafter they were recruited in the respective posts of the different Municipalities. By Government Notification issued by the Department of Municipal Services, Government of West Bengal being Resolution No. 759/LSG-4H-16/76 dated 19th March, 1976, the services of all such Municipal employees were brought at per with the services of the comparable ranks of Government employees including their financial benefits. This resolution was duly published in the Calcutta Gazette Extra Ordinary in its publication dated 24th March, 1976. All the writ petitioners claimed through their association who is Petitioner No. 1 herein, the pay scale of Sanitary Inspector available to the counterpart, Sanitary Inspectors working in the State Government Service by enjoying Grade-l pay scale. The Anomaly Committee was constituted who recommended in favour of upgradation of pay scale to make the pay scale at par with the Grade-l Sanitary Inspectors of West Bengal Subordinate Health Services (Non-Medical Technical Personnel) hereinafter for brevity referred to as Subordinate Health Services of Government of West Bengal. The Anomaly Committee was constituted who recommended in favour of upgradation of pay scale to make the pay scale at par with the Grade-l Sanitary Inspectors of West Bengal Subordinate Health Services (Non-Medical Technical Personnel) hereinafter for brevity referred to as Subordinate Health Services of Government of West Bengal. But the Government did not agree to such and matter was subsequently referred to the 4th Pay Commission, who rejected the claim about grant of said Grade-l pay scale being the pay scale No.10 but allowed the pay scale No.9 in favour of the petitioners as was being enjoyed by them by holding, inter alia, that in the Subordinate Health Services of Government of West Bengal under Group B service under the heading "Sanitary and Field Services", there are three grades, namely, Grade-l, II and III and the post of Grade-l Sanitary Inspectors being a promotional post filled up with the ratio of 1:3:6 of the respective grades, the writ petitioners are not coming at par with the Grade-1 Sanitary Inspectors, the promotee, in terms of the said ratio and gradation. Petitioners contention in this writ application is that they are performing the identical works with the counterpart of Grade-l Sanitary Inspectors of the said Subordinate Health Services and the respondents illegally denied such pay scale." (4.) In the opposition, it has been urged that as the Subordinate Health Services of Government of West Bengal under Group B with the heading "Sanitary and Field Services", there are 3 grades providing promotional berth of Grade II Sanitary Inspectors to the Grade-l Sanitary Inspectors in the ratio of promotional factors of 1:3:6 basis, the respondents Municipality Sanitary Inspectors since are not enjoying such type of grades in view of less number of vacancies in the respective Municipalities in comparison to the large number of sanctioned posts in the Subordinate Health Services, the petitioners claim is not sustainable. (5.) For effective adjudication of the issue as raised about parity of the pay scale with the Grade-l Sanitary Inspectors of Subordinate Health Services, the relevant rules and other factors are now being dealth with. (5.) For effective adjudication of the issue as raised about parity of the pay scale with the Grade-l Sanitary Inspectors of Subordinate Health Services, the relevant rules and other factors are now being dealth with. (6.) West Bengal Subordinate Health Services (Non-Medical Technical Personnel) was introduced with effect from 1st April, 1960 vide Government Order No. Medl/3369/8S-83/59 dated 6th April, 1960, which subsequently was amended by the latest Government order dated 19th January, 1965.The said Subordinate Health Services was grouped under 4 groups, namely, Group-A, B, C and D with the heading "Hospital Services", "Sanitary and Field Services". "Rehabilitation, Health Education and Social Services" and "Miscellaneous Technical Services" respectively. Each of these groups again was sub-divided under 3 grades on scales of pay as detailed in the said Government order, which subsequently revised under the West Bengal Services (Revision of Pay and Allowances) Rules, 1961 hereinafter for brevity referred to as ROPA, 1961. Since we are concerned in the case about cadre of Sanitary and Field Services under Group B, the sub-division under different grades on that cadre is detailed hereinbelow as prescribed in the said Government order read with the latest amendment by Government order dated 19th January, 1965. Under the said subdivision of different grades, Grade-l comprised of 10 per cent of total number of posts, Grade-ll comprised of 30 per cent of total number of posts and Grade III comprised of 60 per cent of total number of posts. Under Grade III of Sanitary and Field Services cadre, the posts as were included are sanitary and Field Workers comprising of the existing designations of Health Assistant, Sanitary Assistant, Vaccinator, Sanitary Inspector, Medical Assistant, Leprosy Assistant, B.C.G. Technician, Squad Supervisor, Malaria Surveyor, Malaria Supervisor (Non-Medical), Malaria Inspector, Malaria Field Assistant and Malaria Assistant. The qualification prescribed for entry to that service is passing of Matriculation/ School Final/Higher Secondary and desirable qualification prescribed as Training in Sanitary or Epidemic Control Work or Special Training in B.C.G. Work, Training in Anti-Malaria or other work in the life. Grade II service under the said Group B Sanitary and Field Services was designated as Sanitary Inspector-Grade II, wherein 50 per cent posts were kept reserve for direct recruitment and 50 per cent by promotion from the Grade-Ill category service holder as referred to having five years atisfactory service in Grade III. Grade II service under the said Group B Sanitary and Field Services was designated as Sanitary Inspector-Grade II, wherein 50 per cent posts were kept reserve for direct recruitment and 50 per cent by promotion from the Grade-Ill category service holder as referred to having five years atisfactory service in Grade III. For direct recruitment, qualification prescribed to this effect; (i) Certificate of the D.P.H., Bengal or of a competent authority showing that the candidate has attended a course of lacture and practical training in Hygiene and Sanitary Engineering under the direct supervision of the Director of Public Health and Chief Engineer, Public Health Engineering, extending over a period of at least 12 months and has duly passed an examination in such subjects, or (ii) A pass Certificate for Sanitary Inspector from a training center recognized by Government, or (iii) An equivalent qualification recognized by Government; and desirable qualification prescribed three years experience as Sanitary Inspector. Grade-l service of the said cadre was designated as Sanitary Inspector Grade-l, which was earmarked as promotional post from the service holder of Grade-ll Sanitary Inspector having 10 years satisfactory service. Different pay scales were prescribed by the said Government order in respect of different service holder of different grades to this effect, namely, Grade-l Rs. 150-5-240-10-300, Grade-II Sanitary Inspector Rs. 100-4-180-5-200 and Grade III service holder in the scale of Rs. 55-3-118-4-130. (7.) Hence, it appears from the aforesaid Government order and the Non-Medical Non-Gazetted Technical Service cadre position and rules that the Grade-l Sanitary Inspectors posts are reserved for only for the promotees of Grade-l I Sanitary Inspectors having 10 years service experience in the post of Grade-l I Sanitary Inspector. (8.) In the Municipal Service, there was no such gradation of Grades I, II and III as referred to above, similar to the West Bengal Subordinate Health Services. The service regulations of Sanitary Inspectors were controlled by the Resolution No. 15/C-9/MIM-3/81 dated 20th April, 1982, which prescribed the pay scale of Sanitary Inspectors in the service of the Municipality in Rs. 380-910. (9.) The writ petitioners and their association raised a grievance and the matter was referred to the Anomaly Committee constituted under Government Order No. 433/G-9 dated 5th December, 1990. The said Committee held a meeting on 27th February, 1992. In the said meeting it was decided to this effect :-"2. 380-910. (9.) The writ petitioners and their association raised a grievance and the matter was referred to the Anomaly Committee constituted under Government Order No. 433/G-9 dated 5th December, 1990. The said Committee held a meeting on 27th February, 1992. In the said meeting it was decided to this effect :-"2. The question of extend ing the benefit of the scale of pay of Rs. 425-1050/-to the post of Sanitary Inspector, Rs. 380-910/- to the post of Surveyor and Draftsman was discussed. In Govt. resolution No. 15/C dated 20.04.82 the Post of Sanitary Inspector (having requisite qualification) has been incorporated under the pay scale of Rs. 380- 910/-which the posts of Surveyor and Draftsman have been incorporated under the Scale of Rs. 340-750/-.Shri S. Basu and D. Banerjee expressed that since the recruitment qualification of those posts in municipality are at party with those in Government Establishment the municipal employees holding the same posts, should be the benefit of scale of pay as suggested at "X" above subject a the condition that they should possess requisite qualification as will be prescribed by the Govt. for such posts. The Chairman suggested that the job chart of the post of Sanitary Inspector should be prescribed by the Govt. if the pay scale of Rs. 425-1050/- is extended to that post. After a thread bare discussion it was agreed as a matter of principle that since the posts are technical posts the pay scale of the posts be amended. The post of Sanitary Inspector be brought under the scale of pay of Rs. 425-1050/- and the post of Draftsman and Surveyor be brought under the scale of pay of Rs. 580-910/- subject to the condition that the incumbents holding the post should possess requisite qualification prescribed by the Govt. The suggestion for prescribing the job chart of the post of Sanitary Inspector by the Govt. on the line of job performed by the Sanitary Inspector in the Govt. Establishment was also accepted." "3. During discussion of the issues as at above the Financial Implication involved in the process was also considered. Since implementation of the suggestion would involve additional expenditure from local Bodies fund as well as Govt. on the line of job performed by the Sanitary Inspector in the Govt. Establishment was also accepted." "3. During discussion of the issues as at above the Financial Implication involved in the process was also considered. Since implementation of the suggestion would involve additional expenditure from local Bodies fund as well as Govt. ex-chequor it was felt that financial application should be considered by the Govt." (10.) However, the issue was again referred back to the 4th Pay Commission, who considered the issue and decided by the following term :-"The existing scale of pay of Sanitary Inspectors in Municipalities is Rs. 1260-2610. It has been urged that the scale of pay of Sanitary Inspectors in Municipalities should be Rs. 1390-2970 like that of their counterparts in Health and F.W. Department. Sanitary Inspectors under Health Department are included in NMTP Group-B Cadre consisting of three grades e.g. Grade I in scale of pay of Rs. 1390-2970, Grade II in scale of pay of Rs. 1200-2360 and Grade III in scale of pay of Rs.1040-1920 in the ratio of 1:3:6 respectively. The comparison is not, therefore, valid. The scale of pay allotted to Sanitary Inspectors of Municipalities appears to us to be fair and does not merit any upgradation. We recommended for the post of Sanitary Inspector the revised scale corresponding to the existing scale of pay of Rs. 1260-2610." (11.) Petitioner has challenged the said decision of the 4th Pay Commission by way of Supplementary Affidavit. Liberty granted to the parties to file their Affidavit-in-Opposition and such opposition also was filed. (12.) Learned Advocate for the petitioners has urged by highlighting the issue that petitioners are performing more work than the Sanitary Inspector Grade-l of Subordinate Health Service but they have been granted less pay scale being scale No. 9, whereas scale No. 10 is available to the Grade-l Sanitary Inspector of Subordinate Health Services. (13.) From the analysis of the documents it appears that cadre of Subordinate Health Services is completely of different categories by making different categories of posts under 3 grades, namely, Grade-l Sanitary Inspector, Grade-ll Sanitary Inspector and Grade-Ill posts. (13.) From the analysis of the documents it appears that cadre of Subordinate Health Services is completely of different categories by making different categories of posts under 3 grades, namely, Grade-l Sanitary Inspector, Grade-ll Sanitary Inspector and Grade-Ill posts. The Grade-II Sanitary Inspector post is being filled up in the manner of 50 per cent by direct recruit and 50 per cent from candidates of feeder posts of Grade-Ill aforesaid; whereas Grade-l Sanitary Inspector post is completely a promotional post being filled up by the incumbents having 10 years experience as Grade-II Sanitary Inspector. Such promotional channel also have been identified by identification of the different posts in the ratio of 1:3:6, which means that out of 10 posts in the feeder Grade-III posts, 6 posts are of Grade-Ill, 3 posts are promotional post to Grade-ll and I post to Grade-l. Hence, it appears 1/10th of the sanctioned posts are reserved for promotional post of Sanitary Inspector Grade-l by allowing pay scale No. 10. (14.) But in the Municipal Service, there is no such different category of posts under different Grades identical to the Subordinate Health Services and there is also no promotional avenue and/or scope. The Sanitary Inspectors appointed thereto enjoy one pay scale, which is scale No. 9, being higher to the Grade II Sanitary Inspectors but lowerthan Grade-l Sanitary Inspectors of Subordinate Health Services. As in the different Municipalities there are either only I post and/or 2 posts of Sanitary Inspectors, the issue of grading different posts similar to Subordinate Health Services by earmarking the posts as Grade-l, II and III was not considered as feasible by the Municipality as well as the Government. The said issue is within the domain of policy decision of the employer and the Court cannot embark upon the said issue by directing the opening of 3 grades similar to the Subordinate Health Services. Furthermore, there is a practical difficulty of opening such grades by earmarking the post of Municipal Sanitary Inspector Grade-l, Municipal Sanitary Inspector Grade-ll and the respective feeder post of Grade- Ill alike to the Subordinate Health Services cadre as already referred to. (15.) Considering that aspect of the matter, this Court is of the view that writ petitioners are not identically placed to enjoy the equal pay for equal work. (15.) Considering that aspect of the matter, this Court is of the view that writ petitioners are not identically placed to enjoy the equal pay for equal work. It is a settled law that equal pay for equal work issue is required to be dealt with by the expert body on taking note of different factors, which not only limited to the performance of identical work only but it depends on other factors, namely, the quality of works, the degree of scale, strain of work, experience involved, training required, responsibility undertaken, mental and physical requirements, disagreeableness of the trust, hazard attendant of work and fatigue involved besides the method of recruitment. The level of initial recruitment in the hierarchy of service of cadre, minimum educational and technical qualifications prescribed for the post, avenues of promotion available and horizontal and vertical relativity with other jobs in the same service or outside are also. relevant factors. Reliance may be placed to the judgment passed in the case State of W.B. and Ors. v. Hari Narayan Bhowal and Ors., reported in 1994 (4) SCC 78 , wherein the observation made in the case Delhi Veterinary Association v. Union of India and Ors., reported in 1984 (3) SCC 1 was relied upon. The Apex Court considered the issue identifying the equal pay scale on different factors in the case Union of India v. Tarit Ranjan Das, reported in AIR 2004 SC 852 relying upon the aforesaid judgment. (16.) Hence, having regard to the aforesaid state of affairs and considering the fact that in each Municipality there is hardly 1 or 2 posts of Sanitary Inspectors in different Municipalities and those posts of different Municipalities are not under any unified cadre to follow the cadre position of different grades alike of Subordinate Health Services as referred to, granting of Grade-l Sanitary Inspector Pay scale to the writ petitioners cannot be considered and justified applying the doctrine of equal pay for equal work. Constitution of the post and different pay scale fixation with gradation of different posts and earmarking of different feeder posts by specifying promotional posts are within the domain of the policy decision of the employer. Constitution of the post and different pay scale fixation with gradation of different posts and earmarking of different feeder posts by specifying promotional posts are within the domain of the policy decision of the employer. In the instant case, since the Grade-l Sanitary Inspectors of Subordinate Health Services of State of West Bengal are solely a promotional posts with the ratio 1:3:6 prescribing the promotional scope of Sanitary Inspector Grade-II having 10 years service, the writ petitioners cannot claim that identical Grade-l pay, as their cases are not identical. The petitioners neither are the promotees to the Grade-l Sanitary Inspector post nor there was any such gradation under the service regulation of the Municipality. (17.) In that view of the matter, this Court is not finding any merit in the writ application to apply the equal pay for equal work doctrine. The writ application stand dismissed. No order as to costs. Stay as prayed for is refused. Let urgent xerox certified copy of this order, if applied for, be given to the learned Advocates appearing for the parties expeditiously.