The principle of equal pay for equal work necessitates a clear demonstration of equivalent duties, which was not established by the petitioner.

JUDGMENT

Meenakshi Madan Rai, J. - The festering resentment of the Petitioner arises from the perception that he was treated differently from the Respondents No.2 and 3, in terms of the higher scale of pay granted to them although he had appeared for the same interview with them, for posts carrying the same scale of pay, in the year 1991. That, in the year 2017, to his consternation he discovered that the Respondents No.2 and 3 were drawing higher salary, than him, hence the grievances as detailed in the petition with the reliefs sought.

(i) The Petitioner's case is that the office of the Secretary, Printing and Stationary Department, Government of Sikkim, the Respondent No.1, in the year 1991 was set to modernize with new machinery and equipment, for which, requisite manpower for technical posts of machineman, cameraman and platemaking man were to be recruited.

2. On 21-07-1991, the Petitioner, the Respondents No.2 and 3 along with other persons comprising a total of thirty-three candidates, with educational qualification of Class X pass, appeared for the interview so conducted. The Petitioner appeared fourth in the merit list for the posts detailed above and was selected to the post of machineman. The post of machineman carried a monthly salary of Rs. 1,030-1,680, in the pay scale of Rs. 1,030-25-1230-EB-30-1680, equivalent according to him, to the salary and pay scale of cameraman and platemaking man. Vide Office Order dated 1908-1991 issued by the Respondent No.1, the Petitioner was appointed as machineman and by a similar order of the same date the Respondent No.2 was appointed as cameraman.

(i) Pertinently it may be noted that initially there were two Petitioners in the instant matter. Petitioner No.2 withdrew from the proceedings as reflected in the Order of this Court, dated 0806-2022, hence only the Petitioner No.1 has pursued the matter.

(ii) It is further the Petitioner's case that on 27-05-2017, Bhim Chettri, the Petitioner's friend filed an application under the Right to Information Act, 2005 (RTI), seeking information regarding the scale of pay of the Respondents No.2 and 3 from the office of the Respondent No.1. The information sought by him was denied vide response, dated 22-06-2017. On appeal to the Appellate Authority, on 17-07-2017 against the said order, necessary documents were furnished to him on 17-08-2017, wherein the Petitioner came to learn that the Respondents No.2 and 3 were drawing a higher scale of pay at Rs. 1,200-1950 per month, from the date of their joining service as against the Petitioner, who was only granted Rs. 1,030-1,680 per month. The Petitioner then made various verbal requests and representations to the Respondent No.1 to place him in the pay scale at par with the Respondents No.2 and 3, to no avail. The Petitioner also learnt that the Respondent No.2 herein had in the year 1997 filed a writ petition before this Court, being WP(C) No.32 of 1997, Sashi Kumar Rai vs. State of Sikkim, seeking the pay scale of Rs. 1,200-1950 instead of Rs. 1,030-1,680 granted to him. The Petitioner then sought for the entire records of the Writ Petition, which were made available to him by the Registry of this Court on 06-08-2019. The Writ Petition, as per the records, was disposed of as infructuous on 17-09-1998. That, in the counter affidavit to the WP(C) No.32 of 1997, it was categorically admitted, on oath, by the State-Respondent that all the persons who were appointed by the Respondent No.1, including the Petitioner and the Respondents No.2 and 3 were appointed without advertising the posts, on uniform scale of pay of Rs. 1,030-1680. Thereafter, the Petitioner again approached the Respondent No.1 on 08-08-2019 for consideration of grant of equal pay with the Respondents No.2 and 3, which they again failed to consider. That, the nature of duties discharged by the Petitioner and the Respondents No.2 and 3, as well as the educational qualification prescribed for the posts, being Class X pass, are similar,