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During the pendency of the writ petition, this Court by the order dated 18.09.2012, taking note of the fact that a Committee has already been constituted by the respondents for removing the anomaly in the pay scales of the Instructors in both the Institutions, directed the Secretary, Ministry of Technical Education, U.P., Lucknow to direct the Committee to take decision in the matter within 2 months. In compliance of the aforesaid order passed by this Court, the Committee took the decision that the Instructors working in the Government Leather Institute, Kanpur are entitled to parity in pay scale with the Leather Instructors at Agra and the recommendation of the Committee was approved by Principal Secretary, Technical Education, Lucknow by his order dated 02.02.2013. However, after the decision of the Committee dated 02.02.2012, no decision was taken by the respondents regarding the claim of the petitioners and therefore on 20.02.2013 and 23.04.2013 and 06.08.2013 this Court granted further time to the respondents to take decision on the claim of the petitioners. On failure of compliance of this Court's order, by the order dated 26.08.2013, the Chief Secretary of State of U.P. was directed to appear in person in case of failure to comply the earlier direction of this Court regarding decision on the claim of the petitioners, regarding parity in Pay Scale with their counter parts at Agra.

The next point involved in the case is that the impugned order dated 27.08.2014 states that the Committee appointed for the purpose of removing the anomaly in the pay scales of the Instructors of the two Institutions in 1997-1999 and 2008 did not made any recommendation since it did not found that the qualification for the Instructors in both the Institutions are the same and therefore, there is no justification for granting them parity in pay scale. There is no reference to the fact as to what is the difference between the qualification for the post of Instructors in the 2 Institutions in dispute, when in the Rule of 1988, there is only one qualification for the post of Leather Instructors i.e., Diploma in Footwear and Leather Technology.

In the impugned order dated 27.08.2014, it has been admitted that on account of the similar work, designation of posts, eligibility, qualification and source of recruitment regarding the post of Instructor similar pay scales should be prescribed and the Committee has rightly recommended the same. However, despite these findings the benefit of parity in pay scales, promotion, revision of pay scale, arrears of difference in pay scales, etc., of the petitioners from the year 1986 has not been granted to them.

The further finding recorded in the impugned order that since the Committee has recommended payment of revised/ higher pay scales to the employees w.e.f., 01.04.2001, therefore, these benefits are only payable since the date of issuance of the Government Order and there is no justification of payment of the same to the petitioners from 01.01.1986 is also not based on reasons. The petitioners have assailed this finding stating that the disparity in the pay scale has been found to be existing since 1986 and the justification for the same is only that the manner of appointment of the Instructors in both the Institutions was different. Now, this fact has not been found to be correct and therefore, there was no reason not to grant them the relief prayed for since the year they were deprived of the same. The finding of the State Government in this regard is absurd, since once it is found that there was no difference in the source of recruitment, qualification, duties, etc., of the Instructors working in the Government Leather Institute at Agra and Government Leather Institute at Kanpur, the petitioners were entitled to get parity in pay scale, promotion, revised pay scale, arrears of salary and other consequential benefits at par with their counter parts at Agra and their denial amounts to discrimination.