1 to 5 were promoted on different dates to the post of senior Draughtsman when they were working as Draughtsmen.
6, 7 8 were directly recruited as Senior Draughtsmen in the Vehicle Factory, Jabalpur on different dates.
From the Judgment and Order dated 28 9 1979 of the Madhya Pradesh High Court in Misc.
One of the recommendations of this Pay Commission, related to the scales of pay of Draughtsmen and Senior Draughtsmen, Draughtsmen were to be in the scale of Rs.
9 is a registered Association of the Employees working in the Design Drawing Office of the Defence Establishments under the Ministry of Defence, etc.
The first and the second Pay Commission set up by the Government of India, recommended same scales of pay for all the Senior Draughtsmen.
This basis, the appellants, companytended was unsupportable.
In these establishments, there are two categories of Drawing Office Staff 1 Senior Draughtsman and 2 Draughtsman.
Appellants Nos.
330 560 while the Senior Draughtsmen were divided into two groups with two scales of pay, Rs.
Aggrieved by this unhelpful attitude of the Government in number accepting their representation, the appellants moved the High Court under Article 226 of the Constitution, Their case before the High Court was that Senior Draughtsmen discharged identical duties and performed similar work.
Similar representations were made by others also like Senior Rate Estimator, Senior Rate Fixer, Senior Planner and Supervisor etc.
These companytentions did number appeal to the High Court.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Some representations were accepted by the Government but number the representations made by the appellants Association.
Now the facts This appeal by special leave is directed against the Judgment of a Division Bench of the High Court of Madhya Pradesh at Jabalpur in Miscellaneous Petition No.
Appellant No.
408 of 1978.
Petition No.
There are 33 establishments under the Ministry of Defence Production and Director General of ordnance Factories, Calcutta.
At all relevant times, all the Senior Draughtsmen throughout the above establishments, were drawing the same pay scale.
A Third Pay Commission was set up by the Government of India under the Chairmanship of Shri Raghubar Dayal, a retired Judge of the Supreme Court of India and companysisting of three other members.
Appellants Nos.
Maheshwari T. V.S.N. Chari and R.N. Poddar for the Respondents.
3121 of 1981.
K. Ramamurthi and H.S. Parihar for the Appellants.
The Judgment of the Court was delivered by KHALID, J. The question involved in this appeal brings to fore how the equality doctrine embodied in the Constitution of India is attempted to be flouted by some authorities under companyer of artificial divisions, dividing persons doing the same work into two groups without any justification and denying to one group by way of pay and emoluments what the other group gets.
The Appellants Nos.
408 of 1978, dismissing the petition challenging the Order of the Government of India accepting the recommendations of the Third Pay Commission dividing Senior Draughtsmen into two groups with different pay scales, which according to the appellants violated Articles 14 and 16 of the Constitution.
1 to 8 are Senior Draughtsmen in the Ordnance Factories under the Ministry of Defence, Department of Defence Production and the Director General of Ordnance Factories.
