Neutral Citation No. - 2025:AHC-LKO:43528 Court No. - 18 Case :- WRIT - A No. - 10384 of 2024 Petitioner :- Muneshwar Prasad And 6 Others Respondent :- State Of U.P. Thru. Prin. Secy. Lok Nirman Vibhag Lko. And 2 Others Counsel for Petitioner :- Virendra Kumar Dubey Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioners and learned State Counsel for the opposite parties. 2. This petition under Article 226 of the Constitution of India has been filed challenging order dated 18.10.2024 whereby representation of petitioners for grant of pay-scale of Rs.4000- 6000 (revised to Rs.5200-20200 with Grade Pay of Rs.2400/-) along with arrears have been rejected. Further prayer for making such payment along with arrears and interest has been sought. 3. It has been submitted that petitioners were initially appointed as Daily Wage Employees in Public Works Department, Government of U.P. and their services were regularized on 28.03.2011. Initially, they were employed on the post of Generator Operator in different Divisions of the Public Works Department but were not being paid the regular pay-scale, although the said pay-scale of Rs.3050-4590 was being paid to similarly situated daily wage employees in the Irrigation Department who were operating generators of 50 KVA. 4. Considering the said fact, the Chief Engineer, P.W.D. vide letter dated 31.07.2012 recommended grant of similar pay-scale to such Daily Wage Employees of Public Works Department but the said pay-scale was not provided. 5. It is submitted that aforesaid aspect has already been considered by a coordinate Bench of this Court in Bhawani Prasad Sahu and others v. State of U.P. and another [WRIT - A No. - 167 of 2014] by means of judgment and order dated 14.12.2022, the benefit of which petitioners are also seeking. 6. Learned State Counsel on the basis of counter affidavit and instructions was unable to indicate any distinguishing feature in the case of petitioners with that of Bhawani Prasad Sahu(supra) but submits that Special Appeal (Defective) No.639 of 2023 has been filed against aforesaid judgment and is yet pending. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is evident that aforesaid dispute is squarely covered by judgment rendered in Bhawani Prasad Sahu(supra) in which a coordinate Bench of this Court has come to the following conclusion:- "In light of facts mentioned hereinabove as well as law laid down by Apex Court, this Court is of the view that once the employer is same, mode of recruitment, qualification for the post, nature of work and other responsibilities are same, such employees shall be governed by principal of 'equal pay for equal work', and there cannot be any denial of similar pay scale on any ground. In the present case, there is no dispute on the point that mode of recruitment of petitioners as well as employees of Irrigation Department i.e. generator operators is the same. Further, they are having same nature of work i.e. running generators over and above of 50 KVA. Their principal employer is also same i.e. State Government having full control over both the departments i.e. PWD and Irrigation Department headed by Principal Secretary. Therefore, the writ petition is allowed and impugned orders dated 7.4.2011, 8.12.2010, 22.9.2009, 7.10.2010, 11.3.2011, 30.12.2011, 1.4.2012 are hereby quashed. A writ of mandamus be issued to the respondents to pay the same pay scale i.e. Rs.4000-6000/- to the petitioners also as given to generator operators of Irrigation Department from the date on which it has given to them. They shall also be entitled for the interest at the bank rate from due date to the date of actual payment. " 8. In the considered opinion of this Court, petitioners being similarly placed as petitioners of the said writ petition are therefore entitled for similar treatment, particularly in view of fact that there does not appear to be any interim order in aforesaid Special Appeal (Defective) No.639 of 2023 and mere pendency of Special Appeal cannot deprive petitioners from similar benefits as have already been granted by a coordinate Bench of this Court. 9. In view thereof, the impugned order dated 18.10.2024 is hereby quashed by issuance of a writ in the nature of Certiorari. A further writ in the nature of Mandamus is issued commanding the opposite parties to pass appropriate orders granting pay-scale of Rs.4000-6000 (revised to Rs.5200-20200 with Grade Pay of Rs.2400/-) along with arrears with effect from the date when such benefit was granted to such similarly situated Generator Operators of the Irrigation Department. Petitioners shall also be entitled to interest at the rate of 6% per annum from the due date till the date of actual payment. 10. Resultantly, the petition succeeds and is allowed. Parties to bear their own costs. Order Date :- 23.7.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench