JUDGMENT :

Neeraj Tiwari, J.

Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents.

Present petition has been filed with the following prayers:-

"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 7.4.2011, 8.12.2010, 22.9.2009, 7.10.2010, 11.3.2011, 30.12.2011, 1.4.2012 passed by the opposite parties as contained at Annexure No.1, 2, 3, 4, 5, 6 & 7/

(ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to fix the pay scale of the petitioners equal to the pay scale of generator operator of Irrigation Department i.e. Rs. 4000-100-Rs.6000 with effect from 1.1.1996."

2. Learned counsel for the petitioners submitted that present controversy is arising due to discrimination of pay scale of the similarly situated employees in two departments of State of U.P., i.e. Public Works Department (in short PWD) and Irrigation Department.

3. Learned counsel for the petitioners submitted that petitioners were initially appointed as daily wager in PWD. Services of petitioners were regularized on 2.7.2003 (wrongly typed as 2.7.2013). He next submitted that petitioner nos. 1 to 6 were selected and appointed from the post of Helper to Generator Operator by the Selection Committee whereas petitioner nos. 7, 8 & 9 were working on the post of Generator Operator since their initial appointment. Presently, all petitioners were working on the post of Generator Operator in different divisions of PWD. He further submitted that petitioner nos. 1, 3 & 5 are operating the generators of 100 KVA whereas petitioner nos. 2 & 4 are operating generator of 320 KVA & 140 KVA respectively. Further, petitioner nos. 8 & 9 are operating generator of 180 KVA & 100 KVA. Petitioner nos. 6 & 7 are operating generator of 125 KVA and 62.5 KVA.

4. He next submitted that like petitioners, there are also daily wagers employees in Irrigation Department, later on who have been given appointment on the post of Generator Operator with identical nature of work. He further submitted that Irrigation Department bifurcated their work in two parts depending upon the capacity of generator, which they are operating. The operators, who are operating generator of 50 KVA have been given pay scale of Rs.3050-4590/- whereas other operators, who are operating generator over and above of 50 KVA are given pay scale of Rs.4000-6000/-. He next submitted that petitioners as well as generator operator of Irrigation Department are performing same duty, but petitioners were deprived from the pay scale of Rs.4000-6000/- and being paid the pay scale of Rs.3050-4590/-.

5. Considering this fact that matter was considered by the Chief Engineer, PWD and vide letter dated 31.7.2012 recommendation has been made to respondent no.2 to grant similar pay scale as given to the generator operator of Irrigation Department, but the same has not been granted. Again, Chief Engineer, PWD vide letters dated 25.4.2013 & 1.5.2013 had made recommendation with similar request to PWD, but no action has been taken. He firmly submitted that Irrigation Department and PWD, both are department of State of U.P. and petitioners as well as generator operators of Irrigation Department are performing same work and duty, therefore, petitioners are also entitled for same pay scale as given to generator operators of Irrigation Department running the generators of over and above of 50 KVA.

6. In support of his contention, he has placed reliance upon the judgment of the Apex Court in the case of Randhir Singh vs. Union of India and others reported in (1982) 1 SCC 618, where Apex Court has held that if two departments are under control of one Government and employees are having similar duty, no discrimination can be made in their salary and both sets of employees would be governed by principal of 'equal pay for equal work' and entitled for same salary.

7. He next submitted that the same ratio of law was again followed by th