Judgment :- 1. The petitioner joined as Health Visitor in the department of Health & Family Welfare on 08.04.1963, and after rendering 34 years of service, retired, on attaining the age of superannuation on 30.05.1996. 2. The salary of Health Visitors was fixed at Rs.705/-, which was revised to Rs.1350 2200/-. The pay scale was granted to petitioner on the representation filed by Health Visitor Association, pointing out that the cadre of Health Visitor is unified cadre of Health Supervisor (female)/Sector Health Nurses under the Multi Purpose Health workers scheme, therefore, the scale of pay for Health Visitor and Sector Health Nurse should be the same. 3. The Directorate of Public Health & Preventive Medicine admitted that Health Visitors working under the Public Health and Family Welfare side have been absorbed in the multi purpose health worker scheme and redesignated as Sector Health Nurses and granted the pay scale of Rs.1350-2200, but the Health Visitors in Medical Education and Medical Services Departments, Corporations and Municipalities have not been brought under the Multi Purpose Health Workers' Scheme, thus, continue to work under the designation of Health Visitors. 4. It was pointed out that the pre-revised scale of pay of these Health Visitors in all department were the same, and posts were interchangeable by transfer on requests received from the individuals. It was also admitted, that if this system was to continue, this could create administrative problems while fixing the pay of individuals. It was therefore recommended, that the pay scale of Health Visitors in Medical Education and Medical Services Department and Family Welfare Department, be revised from Rs.1200-2040 to Rs.1350-2200, as that of the Sector Health Nurses. 5. In view of positive stand by the department, the State Government granted pay scale of Rs.1350-2200 to Health Visitors by recording as under: "4.Government have examined the above requests. 5. In view of positive stand by the department, the State Government granted pay scale of Rs.1350-2200 to Health Visitors by recording as under: "4.Government have examined the above requests. Taking into account the Government decision that while implementing the Multipurpose Health Workers' Scheme as ordered in G.O.Ms.No.1936, Health and Family Welfare, dated 29.09.1982, the Multipurpose Health Supervisors (Female) should be drawn from the category of Lady Health Visitors working under Government in Public Health side and considering the fact that the qualifications, method of recruitment and nature of duties and job responsibilities of the post of Lay Health Visitors in Directorate of Medical Education / Directorate of Medical Service, Public Health and Preventive Medicine department and other local bodies are the same, Government have decided to sanction uniform pay scale to the posts of Lady Health Visitors in Directorate of Medical Education/Directorate of Medical Services, Public Health and Preventive Medicine department and other local bodies are the same, Government have decided to sanction uniform pay scale to the posts of Lady Health Visitors and Multipurpose Health Supervisor (Female) which has subsequently been redesignated as Sector Health Nurse." 6. Subsequently, the State of Tamil Nadu, vide G.O.Ms.No.1057 Finance (PC) dated 25.09.1989 revised the pay scale of Sector Health Nurses to Rs.1400–2600. The Association of petitioner also filed a representation for grant of same pay scale, on the principle of equal pay for equal work. 7. Instead of accepting the request of petitioner, the State of Tamil Nadu cancelled G.O.Ms.No.1057 Finance (PC) dated 25.09.1989 and reduced the pay scale of Sector Health Nurses to Rs.1350-2200, i.e. Equivalent to the one drawn by Health Visitors. 8. The order of State Government in withdrawing the revised pay scale was challenged by the Sector Health Nurses. The Court upheld their contentions and ordered restoration of pay scale to Rs.1400–2600 to Sector Health Nurses. 9. The petitioner claims the pay scale of Rs.1400–2600, granted to Sector Health Nurses, on the principle of equal pay for equal work, by submitting that non grant of pay scale of 1400-2600 to the persons having similar qualification and performing the same functions is hit by Article 14 and 16 of the Constitution of India. 10. 9. The petitioner claims the pay scale of Rs.1400–2600, granted to Sector Health Nurses, on the principle of equal pay for equal work, by submitting that non grant of pay scale of 1400-2600 to the persons having similar qualification and performing the same functions is hit by Article 14 and 16 of the Constitution of India. 10. The writ petition is opposed by learned Government Advocate, by contending that the petitioner is not entitled to claim the pay scale of Rs.1400–2600, as there is no order in favour of the petitioner or Health Visitors to grant pay scale of Rs.1400–2600. 11. It is also contention of learned Government Advocate that it is for the State to fix pay scale of a particular cadre, and once it is not disputed, the cadre of Health Visitors and Sector Health Nurses is different, the petitioner cannot claim the same scale of pay on the principle of equal pay for equal work. 12. Learned Government Advocate also challenged the maintainability of the writ petition, on the ground of delay and laches, contending that it is not open to the petitioner to claim revision of pay scale after 5 years of retirement. 13. On consideration, I find that this writ petition cannot be dismissed, on the ground of delay and laches, as non grant of admissible pay scale to petitioner has resulted in grant of less pension, which gives recurring cause of action to petitioner to claim fixation of his salary in the admissible pay scale and to refix pension accordingly. 14. However, the arrears due to petitioner will have to be restricted to 38 months prior to the date of filing of writ petition. 15. Learned counsel for the petitioner is right in contending that the petitioner could not be discriminated in granting the pay scale of Sector Health Nurses in view of the positive stand of the Government, that both were performing the same duties with same qualification and that mode of recruitment was also same. It is also admitted that the posts are interchangeable, therefore, grant of different pay scale to Sector Health Nurses and Health Visitors, on the face of it is arbitrary, discriminatory, therefore, hit by Article 14 and 16 of the Constitution of India. The State Government cannot be allowed to discriminate between similarly situated persons forming one class. 16. It is also admitted that the posts are interchangeable, therefore, grant of different pay scale to Sector Health Nurses and Health Visitors, on the face of it is arbitrary, discriminatory, therefore, hit by Article 14 and 16 of the Constitution of India. The State Government cannot be allowed to discriminate between similarly situated persons forming one class. 16. The petitioner, therefore is entitled to grade of 1400-2600 on the principle of equal pay for equal work, with effect from 18.02.1993. 17. Consequently, this writ petition is allowed. A writ in the nature of Mandamus is issued, directing the respondent to grant pay scale of Rs.1400–2600 to petitioner with effect from 18.02.1993, and also refix the pension payable to petitioner, as per the revised pay scale. However, the arrears payable to petitioner shall be restricted to 38 months, prior to filing of writ petition, i.e. with effect from 06.04.1998.