Honble MADAN, J.–The question which has arisen for consideration and decision by this Court in the instant writ petition is as to whether the petitioner who is working in the capacity of Pump-Driver in the Horticulturist wing of Public Works Department (for short ``P.W.D.) Rajasthan, Jaipur, should not be entitled to the pay scale equivalent and admissible for the same post in other departments of the state viz. Irrigation, Mines, Geology and Public Health Engineering Department (for short ``P.H.E.D.) at par with said employees on the principle of equal pay for equal work, as enshrined under Article 39(d) of the Constitution of India.

(5). The facts which are relevant for deciding this writ petition briefly stated are that the petitioner had joined service of State Government in the office of P.W.D., Jaipur on being appointed as Pump Driver in the office of the Superintendent of Gardens, Jodhpur, on 01.07.1962, in the pay scale of Rs. 40-60 p.m. Subsequently the petitioner was fixed in the regular pay scale of Rs. 70-110 p.m. at the rate of Rs. 88/- per day w.e.f. 01.09.1968 in the revised pay scale of 1969. He was promoted as Pump Mistry w.e.f. 26.05.1979, in the pay scale of Rs. 2

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