Honble MADAN, J.–The petitioner who was appointed as Helper on muster-roll and daily wage basis in Public Health Engineering Department (for short `PHED) on 1.9.1981 while Executive Engineer of the said department (non-petitioner No.2) has been taking the work from the petitioner as Assistant Store Munshi, has moved this court by way of instant writ petition for seeking relief that he may be treated as having been promoted from the post of Helper on which he was initially appointed to that of Assistant Store Keeper w.e.f. 27.4.1985, i.e., the date from which he has been continuously discharging his duties to the department as Asstt. Store Keeper and also when the persons junior to the petitioner as per the seniority list placed on the record vide Annexure 6, were promoted on the said post despite their not working as Asstt. Store Keeper on the principle of `equal pay for equal work which is enshrined in Article 39(d) read with Articles 14, 16, 21 and 300(A) of the Constitution of India.

(2). The facts which are relevant for deciding the controversy between the parties, briefly stated are that the petitioner was initially appointed as Helper on muster-roll daily wage basis in PHED w.

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