- (1.) Applicability of doctrine of 'equal pay for equal work' is involved in this appeal which arises out of a judgment and order dated 13-4-1998 passed by the High Court of Madhya Pradesh at Jabalpur in Writ Petition No. 1550 of 1998. BACKGROUND FACTS :
(2.) The appellant herein is an Association of Rural Agriculture Extension Officers (hereinafter referred to as 'the Extension Officers'). They were originally appointed as Village Level Workers. They are matriculates. The services of the Village Level Workers were transferred to the Agriculture Department of the State. It framed rules in the year 1972. On or about 9-4-1981, the designation of the Village Level Workers was changed to the Rural Agriculture Extension Officer by the State Government. The State of Madhya Pradesh in exercise of the power conferred upon it under the Proviso appended to Article 309 of the Constitution of India made Rules known as 'Madhya Pradesh Revision of Pay Rules, 1983'. Rule 3 of the said Rules reads as under : "3. Revised Scale of Pay.- The revised scale of pay applicable to any post carrying existing scale shown in columns 2 and 3 of Annexures I and II respectively shall be the corresponding pay-scale shown in Column 4 thereof respect of that post."
(3.) By reason of the provisions of the said Rules, two different scales of pay were prescribed, namely, Rs. 575-880/- for non-graduates (Dying scale) and Rs. 635-950/- for fresh recruitment and for existing B.Sc./B.Sc. Agriculture. By reason of an executive instruction dated 2/5-3-1984, the decision of the State Government was communicated to the Director, Agriculture, the relevant portion whereof is to the following effect : "Essential educational qualification for the post of Rural Agricultural Extension Officer being graduation (for all departments) be fixed and all the graduates so employed be paid by the pay-scale of Rs. 635-950/-. All those graduate employees who were working to the posts in all departments prior to 1-4-81 should be paid given a salary at the rate of Rs. 635-950/-. 2. * * * * * * * 3. * * * * * * * This sanction endorsement vide Notification No. 5/385/84/Dept.1/Four dated 3-3-84 had been endorsed in the records of the Accountant General's Office.";