The principle of equal pay for equal work depends upon the nature of duties performed by a particular category of posts and the qualifications for their recruitment. The evaluation of jobs for the purpose of scales must be left to an expert body and unless there are any malafide in the evaluation, it cannot be interfered with.

The petitioners have sought for a direction to the respondents to fix the scale of pay of Rs.950-1500 to the petitioners category of Tractor Cleaners and grant them all consequential benefits.

2. Facts of the case are as follows:

The petitioners are Tractor Cleaners in the Office of the Assistant Executive Engineer, (Agricultural Engineering-I), Nandanam, Madras-600 035. Prior to 1. 1990, the post of Hammerman, Tractor Cleaner and Helper to Carpenter (now re-designated and merged with Carpenter-II) were in inferior service. There were many posts of (1)Helpers to Carpenter,(2)23 posts of Hammerman and 292 posts of Tractor Cleaners in Agricultural Engineering Department. The above said three categories belonged to full time skilled workers and they were working in fields and workshops throughout the day. Tractor cleaners possess driving licence and they help the Tractor drivers. Therefore, the Chief Engineer, (Agricultural Engineering) Madras-35, has sent proposals to the Government for bringing the above mentioned three categories of employees, namely Hammerman, Tractor Cleaner and Helper to Carpenter into superior service. The Government havae issued orders in G.O.Ms.No.22, Agriculture (AE-III) Department dated 1. 1990, directing the said three categories of employees to be brought into superior service.

3. The petitioners have submitted that the category of Hammerman, and Hammerman Grade-II were allowed scale of pay of Rs.950-1500 and Rs.1100-1660 respectively, as per the orders of the Government in G.O.Ms.No.521, Finance (Pay Cell) Department dated 8. 1992. Similarly, the category of Helper to Carpenter-II was also allowed scale of pay of Rs.950-1500. Both these categories were earlier in the scale of pay of Rs.825-1200. On account of bringing them into superior service, they were placed in higher scales of pay. It is the grievance of the petitioner that Tractor Cleaners,continued in the same scale of pay of Rs.750-945, even though the said category was brought into superior service, as per the Government Order stated supra. In this regard, Tamilnadu Arasu Aluvalar Kazhagam (C & D Group), a recognised Association, has submitted a representation to the Chief Engineer(Agricultural Engineering), Madras-35 on 112. 1995, requesting him to revise the scale of pay for the category of Tractor Cleaner, as was done in the case of others, namely, Hammerman, Helper to Carpenter, but the representation did not evoke any response and hence the petitioner has preferred the Original Application before the Tamil Nadu Administrative Tribunal, Chennai praying for writ of Mandamus, which has been subsequently transferred to this court and renumbered as the present writ petition.

4. The grounds, on which the petitioner has sought for the relief are as follows:

The categories of Hammerman, Helper to Carpenter (now re-designated and merged with the category of Carpenter Grade-II) and Tractor cleaners were in inferior service, prior to the issue of orders in G.O.Ms.No.22, Agricultural (E.III) Department dated 1. 1990. Before the issuance of said government order, the categories of Hammerman, Helper to Carpenter were in the scale of pay of Rs.825-1200 and the category of Tractor Cleaner was in the scale of pay of Rs.750-945. The said two categories, namely, Hammerman and Helper to Carpenter (now re-designated and merged with Carpenter Grade-II) have been allowed scale of pay of Rs.950-1500 for Grade-I post, and Rs.1100-1660 for Grade-II post. When the scale of pay of the other two categories brought into superior service has been revised. Tractor Cleaners, who are similarly placed, are entitled to re-fixation of scale of pay and failure to do so, amounts to discrimination and violation of Article 14 of the Constitution of India. The qualifications prescribed for the post of Tractor Cleaner, Hammermen, Helper to Carpenter are the same and therefore there is no justification for denial of revision of scale of pay to the post of Tractor c