Per Bhawani Singh Judge:

1. This Letters Patent Appeal is directed against the judgment of Single Judge dated August 30,1994 in SWP No. 1683/1992. Before dealing with the grievance of appellant against the judgment, narration of material facts of the case may be given.

2. Members of Jammu and Kashmir Subordinate Judicial Process Servers have preferred this petition through their Association seeking payment of salary at par with Process Servers in the Excise Department invoking doctrine of equal pay for equal work. It is submitted that they have been subjected to invidious and hostile discrimination in the payment of salary as compared to Process Servers of Excise Department although they are performing similar function with responsibilities if not more. Consequently, all considerations being equal, different treatment, being extended to them in the matter of pay scale, is clearly violative of Articles 14,16 and 39 (d) of Constitution of India applicable to the State of Jammu and Kashmir.

3. According to the petitioner, Process Servers of Excise Department are working in the pay scale of Rs. 410-625 revised to Rs. 775-1025 whereas members of petitioner have been allowed pay scale of Rs

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