JUDGMENT : B.P. Das, J. - The Petitioners, who are working as Operators of the Net Unit (Macheswar) in Orissa Maritime & Chilika Area Development Corporation, which is now renamed as Orissa Pisci? Culture Development Corporation Ltd., have filed this writ application making a grievance that the O. Ps. are not paying them the salary in the scale of pay of Rs. 1005-1830/- from the date of their appointment up to 30.4.1989 and in the scale of pay of Rs. 1400-2300/ - with effect from 1.5.1989 and other allowances along with the arrear salary. 2. According to the Petitioners, in the 66th. Meeting of the Board of Directors of the Corporation, a decision was taken that the revised pay scale of the employees of the Corporation would be at par with the Government Revised Scale of Pay Rules, 1989, which would come into force from 1.5.1989, but the employees would get their cash benefits from 1.4.1991, and the arrears for the period from 1.5.1989 to 31.3.1991 would not be considered. As per the Writ Petition, the operators of the State Government were getting the scale of pay of Rs. 1500-1830 in the Revised Scale of Pay Rules, 1985 whereas the Petitioners were paid in the scale of pay of Rs. 780-1160/-. After the pay revision in the year 1990 the operators working in the State government were paid the scale of pay of Rs. 1400-2300/-, whereas the pay scale of the Petitioners was revised to Rs. 97 5-1660/ - instead of Rs. 1400? 2300-. The Petitioners claiming the aforesaid benefit of revised scale of pay of Rs. 1400-2300 with effect from 1.5.1989 made representations to the authorities on 22.5.1996, 3.7.1996 and 15.10.1996 and as no action was taken on their representations, this Writ Petition was filed. According to them, the Operators in the State Government are getting the scale of pay of Rs. 1400? 2300 as per the 1989 Resolution whereas the Petitioners have been initially given a scale of pay of Rs. 780-1160 on their appointment on 2.7.1987, vide Annexure-3 series. 3. Mr. B.S. Mishra, Learned Counsel for the Petitioners, submits that as per the Orissa Revised Scale of Pay Rules, 1991, when the scale of pay of the operators working in Government was revised to Rs. 1400-2300, the Corporation ought to have fixed the pay scale of the Petitioners at Rs. 1400-2300. 3. Mr. B.S. Mishra, Learned Counsel for the Petitioners, submits that as per the Orissa Revised Scale of Pay Rules, 1991, when the scale of pay of the operators working in Government was revised to Rs. 1400-2300, the Corporation ought to have fixed the pay scale of the Petitioners at Rs. 1400-2300. But without doing that the Corporation fixed their scale of pay at Rs. 97 5-1660/-, which is illegal. 4. The contention of the O. Ps. is that as per the Office Memorandum dated 19.4.1991, the revision of scale of pay of the employees of the Corporation was made at par with the Government Revised Scale of Pay Rules, 1989. Accordingly, Rs. 782-1160 scale of pay which was attached to the salary of the Petitioners ought to have revised to Rs. 950-1500 instead considering the demand of the Orissa Maritime and Chilika Area Development Corporation Employees Union, it was revised to Rs. 970-1660. 5. Mr. Mishra, Learned Counsel for the Petitioners, further submits that in paragraph-12 of the counter affidavit, the O. Ps. have admitted that after completion of period of probation, they shall be paid with the same scale of pay as their counterparts were getting under the State Government. To this Mr. Nayak, Learned Counsel for the O. Ps., submits that this has been inadvertently mentioned. 6. However, our attention was drawn to the Rules for Fixation of Pay in the Revised Scale, 1987, which shows that the Operators were initially given the pay scale of Rs. 370-570, which was enhanced to Rs. 780-1160. According to him, the said scale of pay of Rs. 370-570 was provided for the Assistant, Accounts Assistant, Jr. Auditor, Project Accountant, Cashier, Accountant (Net Unit) and Mechanic but their salary was revised to Rs. 840-1240. According to Mr. Mishra, if the scale of pay of Rs. 370-570, which was attached to the posts of the Petitioners, Accounts Assistant, Junior Auditor, Mechanic etc., was enhanced to the scale of pay of Rs. 840-1240, so far as it relates to the category of employees but the same benefit was denied to the Petitioners. 7. In our opinion, the Corporation cannot take two different stands so far as it relates to Assistant, Accounts Assistant, Jr. Auditor, Project Accountant, Cashier, Accountant (Net Unit) and Mechanic in one hand and the Petitioners on the other hand. Even though an affidavit has been filled by the O. Ps. 7. In our opinion, the Corporation cannot take two different stands so far as it relates to Assistant, Accounts Assistant, Jr. Auditor, Project Accountant, Cashier, Accountant (Net Unit) and Mechanic in one hand and the Petitioners on the other hand. Even though an affidavit has been filled by the O. Ps. indicating that the scale of pay of the Petitioners has been adjusted at par with the revised scale of pay of the government employees, in our considered opinion, the Petitioners have been discriminated when the scale of pay of Rs. 370-570 was enhanced to Rs. 780-1160. When the Petitioners joined the posts of Operators, the prevailing scale of pay of Rs. 840-1240 was attached to the posts of Assistant, Accounts Assistant, Jr. Auditor, Project Accountant, Cashier, Accountant (Net Unit) and Mechanic, should have been given to the Petitioners. 8. Mr. Nayak, Learned Counsel for the O. Ps. makes an objection that as the Petitioners have accepted the salary and have served for a long, they are estopped from challenging the same at a later stage. In this regard, we may refer the decision in Central Inland Water Transport Corporation Limited and Another Vs. Brojo Nath Ganguly and Another wherein it is observed as follows: The Petitioners have not the bargaining power at the time of obtaining appointment. There cannot be any estopped if they are compelled to accept the employment on the terms dictated by the Opposite Parties. The principle of equal pay for equal work is an accomplished fact. 9. Accordingly, the writ application is allowed in part. The O. Ps. are directed to re-fix the salary of the Petitioners from the date of their joining in the scale of pay of Rs. 840-1240. So far as arrear salary is concerned, looking at the financial condition of the Corporation, we direct that the Petitioners shall be given arrear salary from 11.8.1998 when the present Corporation came into existence but their salary shall be notionally fixed from the date of their joining. 10. The entire exercise shall be completed within a period of four months from the date of communication of this order. R.N. Biswal, J. 11. I agree. Final Result : Allowed