JUDGMENT

S.G. Mehare, J. - Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. The petitioners are the Assistant Charity Commissioners appointed by the Government of Maharashtra in the Charity Organization of the State of Maharashtra. They approached this Court under Article 226 of the Constitution of India, claiming 'equal pay for equal work' at par with the Judicial Officers appointed in the State of Maharashtra, as applied in the State of Gujarat for the reason that the Gujarat State has the same Law. They compare themselves equal in discharge of functions and duties, the nature of their powers like judicial officers in the State of Maharashtra. They also have the comparison with the judicial officers deputed in charity organization by the High Court of Bombay. They have set out the case that they also discharge the same function akin to the Judicial Officer. They are also doing the adjudications of the rights of the concerned, but the State is paying them less pay than the Judicial Officers, which violates Article 14 of the Constitution of India. Therefore, they should be treated equally on par with Judicial Officers, and the discrimination made by the Government of Maharashtra may be eliminated.

3. The claim of the petitioners can be summarized as follows :-

(a) The petitioners were appointed as Assistant Charity Commissioners by the State Government on 07.10.2014 by Notification of the State of Maharashtra as Group-A Officers on the pay scale of Rs.9300-34800 plus grade pay Rs.4600/- under Rule 9(42) of the Maharashtra Civil Services (General Conditions of Service) Rules, 1981.

(b) They were appointed temporarily for two years on probation.

(c) The qualification to appoint as Assistant Charity Commissioner under Section 5(2) of the Maharashtra Public Trusts Act 1950 ("M.P.T. Act" for short), is, holding or has held a Judicial Officer in rank not lower than Civil Judge (Junior Division) for not less than one year. Giving the list of their duties under the M.P.T Act, they further stated that as per Section 73 of the M.P.T. Act, the powers of Civil Court are equally vested with them. The Judicial Officers can be appointed as Assistant Charity Commissioner by granting re-appointment / on deputation and paid the salary recommended by the Padmanabhan Committee. They have given the pay scale of Rs.27700-770-33090-920-40450-1080-44770.

(d) The petitioners have contended that considering the nature of duties performed by various Judicial Officers, the Badkas Committee had recommended that the salary of the Assistant Charity Commissioner shall be more than the Salary of Civil Judge Junior Division. Therefore, if the pay scales of other Officers appointed on the basis of recommendations of Maharashtra Public Service Commission are considered, it would be clear that the post of Assistant Charity Commissioner is not extended the requisite financial benefits.

(e) The Department of Law and Judiciary had recommended a specific proposal dated 04.01.2013 on implementing the fifth pay scale, to the High Power Committee, for the Assistant Charity Commissioners. The said proposal was forwarded to the Finance Department vide noting dated 17.12.2014. However, the Finance Department refused the proposal of Law and Judiciary Department vide order dated 02.02.2015, giving reasons that these cadres are not comparable, hence their pay scales are not equated. Hence, the proposal is rejected. Financial burden on the exchequer is also the ground to refuse the recommendations made by the Department of Law and Judiciary.

(f) The Association of the Officers working with Charity Organization kept making representations to the Government for considering the deficiencies in pay fixation of Assistant Charity Commissioners.

(g) Vide Representation dated 06.04.2016, it was pointed that the State of Gujarat granted the pay in the scale of Rs.15600-39100 plus grade pay Rs.5400/-, whereas, the State of Maharashtra has the pay scale of R