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On the other hand, it was contended by learned senior counsel Shri K. John Mathew & Sri k. Sukumaran that the judgment of the learned single judge in O.P.No. 2062/80(A) and of the Division bench in Writ Appeal No. 736/82 showed that it was not disputed by union of India and the Administrator, Union Territory of Lakshadweep before the Kerala High Court that the duties and responsibilities of these personnel were the same as those of lecturers teaching in degree colleges. It is also pointed out that these two colleges Jawaharlal Nehru College, Kavaratti and Mahatma Gandhi College, Androth were both affiliated to calicut University and that in the said University, there is no distinction between the pay-scales applicable to junior lecturers teaching degree classes. Learned counsel also referred to the Government's order in the State of Kerala wherein junior lecturers teaching pre-degree classes and lecturers teaching degree classes were to draw the same pay scale. In fact, the Government of Kerala passed an order extending the said benefit to all the Junior Lecturers working in aided Private junior colleges, thereby entitling the latter to draw the same pay scale of lecturers. From a geographical point of view the position was that in the entire State of Kerala in government colleges and private colleges and in particular under the Calicut University to which these two colleges were affiliated, junior lecturers teaching Pre-degree classes were drawing the same benefit to those working as junior Lecturers in these two colleges which were affiliated to the Calicut University. In reply, the learned senior counsel for the Union territory of Lakshadweep Shri P.A. Choudhary contended that assuming that junior lecturers teaching pre-degree classes and lecturers teaching degree classes were being given the same scale of pay by the government of Kerala and by the aided private colleges in the state of Kerala and also in the Calicut University, it is not permissible to issue a direction to the union Government and the Administrator, Union Territory of Lakshadweep to equate the pay scales of junior lecturers and lecturers so far as union Territory was concerned. The reason was that the employers in the two situations were different, that is, the State of Kerala or calicut University on the one hand and the union Territory of Lakshadweep on the other. learned counsel relied on the judgment of the supreme Court in The State Of Madhya Pradesh Vs. S.C. Mandawar(1955) (1) SCR 599) to say that the Court would not direct equation of pay scales of personnel of different employers, namely those of the Central Government and those of a State Government. Learned senior counsel also invited our attention to certain general principles concerning Article 14 laid down in Shri Ram Krishna Dalmia Vs. Shri Justice S.R. Tendolkar & Others (1959 SCR 279).

We have given our anxious consideration to the contentions raised by the learned senior counsel on both sides, We have come to the conclusion that in exercise of our discretionary jurisdiction under Article 136 of the Constitution of India we would not interfere with the findings given in the judgment of the learned Single Judge of the Kerala High Court in O.P.No. 2062/80(A) dated 10.8.1982 as affirmed by the Division Bench in Writ Appeal No. 736/82 dated 17.8.1984. We note that in the said judgments it was stated that the Union of India in its counter affidavit filed in the Kerala High Court did not take the stand that the "nature, status or functions' attributable to the post of Junior Lecturer in the Pre- degree Colleges were different from those of Lecturer in a Degree College. We also note that against the other judgment of the Kerala High Court in O.P. No. 497/80 (referred to in the judgment of the Central Administrative Tribunal and which was affirmed in Writ Appeal No. 772/82), no special leave petition has been filed by the union of India in this Court. In the said Judgment of the Kerala High Court also there is a finding that there was nothing on record to indicate that these persons (Junior lecturers in pre-degree College) did not perform similar functions as compared to lecturers working in Degree Colleges in the Delhi area. That finding has become final. It is also not disputed before us that in the Calicut University to which these two colleges in the Union Territory of Lakshdweep are affiliated, the pay scales of Junior lecturers teaching pre-degree classes and the pay scale of lecturers teaching degree classes and the pay scale of lecturers teaching degree classes is one and the same. In this connection, we may also refer to the order of the Government of Kerala in G.O Ms. 487/70/Edn. (F) Deptt. dated P1.11.1970 equalizing the pay scales of junior lecturers in private aided colleges with those of lecturers in government colleges. In Government Colleges in Kerala the pay scale of junior lecturers teaching pre-degree classes and lecturers teaching degree classes is again one and the same. In other words, speaking from a geographical angle the pay scale of junior lecturers and lecturers are the same in Kerala and in the Calicut University, with the sole exception of these two colleges in Union Territory of Lakshadweep which are also affiliated to the Calicut University. In the light of the above factual position, we are of the view that, in exercise of our discretion. we would not interfere with the findings arrived at in O.P.No. 2062/80(A) by the Kerala High Court as affirmed in Writ Appeal No. 736 of 1982 holding that the pay scales of the junior lecturers in Union Territory of Lakshadweep are to be on par with the pay; scales of lecturers in degree colleges under the Union of India.