Allahabad High Court
S.B. Misra And Ors. vs State Of U.P. And Anr. on 20 November, 1996
Equivalent citations: (1997)1UPLBEC49
Author: M. Katju
Bench: M. Katju
JUDGMENT M. Katju, J.
1. The petitioners are Science Demonstrators in the Institute of Engineering and Rural Technology, Allahabad. They are claiming same pay scale as Assistant Lecturers.
2. I have heard Sri Yashwant Verma, learned counsel for the petitioner and the learned Standing Counsel.
3. It may be mentioned that before the Second Pay Commission the post of Science Demonstrator as well as the Assistant Lecturer carried the same pay scale, but subsequently, on 2-6-1992 the post of Engineering Instructor (redesignated as Assistant Lecturer) was taken out of the cadre of Science Demonstrator, vide Annexure-7 to the petition. On 3-6-1992 the State Government by a Government Order gave the pay scale of 1640-2900 to the Assistant Lecturers whereas the petitioners' pay scale is Rs. 1400-2600. The grievance of the petitioners is that they should get the same pay scale as the Assistant Lecturers.
4. In paragraph 24 of the writ petition, it is stated that the nature and duties of Science Demonstrators end Assistant Lecturers is one and the same and thus there can be no basis for differentiating them for the purpose of pay scale. In paragraph 5 of the counter affidavit there is no clear denial of this allegation in the petition and hence it has to be treated to be correct. On the principle of equal pay for equal work the petitioners are also entitled to the same pay scale and other benefits like the Assistant Lecturers. It may further be pointed out that a similar controversy was raised in Dr. Ayodhya Prasad and Ors. v. State of V. P. and Ors. which was decided by me in C. M. Writ Petition No. 3831 of 1990 on 1-5-1992 and I am informed that the Special Leave Petition against this Judgment has been dismissed by the Supreme Court.
5. For the reasons stated above, this petition is allowed A mandamus is issued to the respondents to give the same pay scale to the petitioners as are being given to the Assistant Lecturers. The order dated 4-9-1995 shall stand modified accordingly.