Discrimination without any intelligible differentia is not permissible.

(This writ petition has been filed under Article 226 of Constitution of India, for issuance of a writ of mandamus directing the respondents to extend the benefits arising from the judgment of the Honourable Kerala High Court in O.P.No.13651 of 2001 dated 20.10.2003 and confirmed by the Division Bench of the Honourable Kerala High Court in W.A.No.293 of 2004 as well as by the Honourable Supreme Court in S.L.P. No.20319 of 2005 to the petitioners herein, who are identically situated by stepping up of the petitioners'' pay on par with that of their junior Rajan C. Abraham, with effect from 2.1.1993 with all the consequential benefits including arrears of pay etc.)

Prayer in the writ petition is to issue a direction to the respondents to extend the benefits arising from the judgment of the Kerala High Court made in O.P.No.13651 of 2001 dated 20.10.2003 as confirmed by the Division bench of the Kerala High Court in W.A.No.293 of 2004 as well as by the Supreme Court in S.L.P.No.20319 of 2005, to the petitioners, who are identically situated, by stepping up petitioner''s pay on par with that of the petitioner''s junior Rajan C. Abraham with effect from 2.1.1993 with all consequential benefits including arrears of pay, etc.

2. The brief facts necessary for disposal of the writ petition are as follows.

(a) Petitioners entered into the services of the Food Corporation of India as Assistant Grade-III and subsequently they were promoted to Grade-II and then to Grade-I in the year 1977-78. Petitioners'' junior Rajan C. Abraham was promoted to Assistant Grade-I in the year 1985. Subsequent to the wage revision that took place with effect from 1.2.1992, the said junior was paid higher pay than the petitioners with effect from 2.1.1993. Petitioners with other seniors, who were working in the Kerala region, made representation to the Regional/Zonal/ Head Office for rectification of the pay anomaly by stepping up their pay on par with that of Rajan C. Abraham. Respondent/Corporation, stepped up the pay by applying circular No.13 dated 9.7.1997 and removed the pay anomaly and enhanced their pay on par with that of their junior Rajan C. Abraham. The said order was erroneously cancelled by the respondent and ordered recovery of the enhanced pay.

(b) The seniors of Kerala Region filed O.P.No.13651 of 2001(A) before the Kerala High court at Ernakulam and challenged the cancellation of stepping up of pay and the said O.P. was allowed by the learned single Judge by order dated 20.10.2003. The respondent/Corporation preferred W.A.No.293 of 2004. A Division Bench of Kerala High Court dismissed the writ appeal on 2.6.2005 and held that petitioners therein, who are seniors, are entitled for stepping up of their pay on par with that of their juniors and quashed the revision of salary. The respondent/Corporation filed S.L.P.No.20319 of 2005 before the Supreme Court and the same was also dismissed on 18.5.2005 and thereafter the respondent/Corporation implemented the said order on 20.10.2005 and consequently the original order of stepping up of pay issued in favour of the seniors on par with their junior Rajan C.Abraham was restored and consequential arrears was paid.

(c) The case of the petitioners is that they are also identically placed and their pay was also stepped up on par with their junior viz., Rajan C. Abraham. The respondent/Corporation has chosen to cancel the order stepping up petitioners pay and ordered recovery of excess pay allegedly drawn by the petitioners. Petitioners 1 to 16 opted for voluntary retirement in the year 2004 and their alleged excess pay was recovered in one lumpsum from their retirement benefits, ranging from Rs.75,000/- to Rs.80,000/-.

(d) Petitioners further stated that consequent to the dismissal of the SLP filed by the respondents, against the Kerala High Court''s order, petitioners submitted representation to the respondent/Corporation seek ing extension of benefits flowing from the judgment of the Kerala High Cou