JUDGMENT

Shivaraj V. Patil, J.-This appeal is filed assailing the judgment and order dated 23.12.1992, passed by the High Court of Calcutta in Civil Appeal No. 659 of 1989.

2. The respondent herein filed a writ petition seeking a writ of mandamus directing the appellants to proceed on the basis of the recommendations presented to the Fourth Pay Commission by Central Reserve Police Force (CRPF) in order to remove disparity in the pay scales of Naik (Radio Operator) and an employee discharging similar nature of duties in Directorate of Coordination Police Wireless and other Central Government agencies on the ground that the duties performed by the respondent as Naik (Radio Operator) were more hazardous than the duties performed by personnel with similar qualifications and experience in State services and other organizations. The respondent made his claim on the principle of "equal pay for equal work". The appellants contested the writ petition by filing a detailed counter contending that the recommendations of the Fourth Pay Commission had been implemented by the CRPF in all respects and that the respondent was not discriminated; the Fourth Pay Commission had gone deep into various aspects of the pay structure of various categories of the employees of the Central Government and the claim of the respondent on the principle of "equal pay for equal work" was not tenable having regard to various distinguishable factors.

3. The learned single Judge by his order dated 28.9.1989 dismissed the writ petition stating that the respondent was appointed as a constable and was promoted as Naik and he could not equate himself with the pay scale of Assistant Sub-Inspector of Police; the Pay Commission Report shows that all Naiks of all Central Police establishments including CRPF have been give the same pay scale. The respondent took up the matter in appeal before the Division Bench of the High Court in C.A. No. 659 of 1989. The said appeal was allowed directing the appellants to fix up the pay of the respondent at Rs.1320-2040 and to revise the same if the same pay scale has since been revised in order to remove the disparity. Hence this appeal.

4. The learned senior counsel for the appellants urged (1) Fourth Pay Commission recommendation had been implemented in letter and spirit and the respondent was not at all discriminated; (2) the job of radio operator in CRPF could not be compared with the other civil radio operators of other departments; the Fourth Pay Commission, having gone deep into the various aspects of the pay structure of various categories of the employees of the Central Government, had made the recommendation; (3) even to apply the principle of "equal pay for equal work" details and particulars relating to comparable employees were not made available so as to give direction as is done in the impugned judgment; (4) apart from the difference in pay scales the Radio Operators in CRPF have various other facilities, which are not available to the other Radio Operators in civil departments and other Central Government agencies; and (5) the respondent being in the rank of Naik in fact is claiming the benefits and pay scale available to the promotional post of Assistant Sub-Inspector of Police; the direction given in the impugned judgment leads to grant of pay scale of the Assistant Sub-Inspector of Police to the respondent, who is in the rank of Naik only; there was no material from which definite conclusion regarding essential qualification, method of recruitment and other relevant factors for comparison between the different organizations to apply the principle of "equal pay for equal work".

5. The learned senior counsel for the respondent made submissions supporting the impugned judgment. He urged that the appellants themselves having made recommendations for grant of pay scale, which supported the claim of the respondent, could not go back; the appellants could not take conflicting positions - one before the Pay Commission and the ot