B.M.Lal - (1.) BY means of this petition under Article 226 of the Constitution, the petitioners seek issuance of a writ of mandamus directing the respondents to pay to them the salary equal to the Lecturers in Lai Bahadur Shastri State Homeopathic Medical College, Allahabad with effect from 11-12-1981.
(2.) IN short, the admitted facts leading to this petition are that, petitioners Dr. Bajrang Bahadur Singh and Dr. Arun Kumar, are Demonstrators in Lal Bahadur Shastri State Homeopathic Medical College, Allahabad. This institution is owned, controlled and run by the State of U. P. The only contention raised on behalf of the petitioners is that they fire discharging the functions of the Lecturers in the aforesaid College, as such they are entitled to the pay scale applicable to the post of Lecturer. In support thereof, it is contended that since respondent no. 3 is taking the job of Lecturer from the petitioners with effect from 11-12-1981, therefore, they be held entitled to the salary of Lecturers from that date. The privotal question that poses itself for consideration in this petition is about the applicability of the principal ''Equal pay for Equal work."
(3.) NO doubt, Part III of the Constitution which speaks of fundamental rights of the citizen does not envisage equal pay for equal work. However, the scope of Article 39 (d) appearing in Part IV (Directive Principles of State Policy) of the Constitution if read together with Article 14 and 16 of the Constitution, it. certainly declares the constitutional goal enjoining the State not to deny any person equality before law in matters relating to employment including the scales of pay, and failure to comply the same amounts to discrimination violative of Article 14 and 16 of the Constitution. This being so, if all requirements being equal that is equal qualification for the post and holding the same cadre of post, performing identical and similar duties under the same master and quality of the work performed is the same, if such employees are discriminated in the matter of pay differently with that of being paid to others, then definitely the doctrine of equal pay for equal work comes into play, but where the cadre is different prescribing different qualifications and pay scales for Demonstrators, Lecturers, Readers and Professors, the principle of equal pay for equal work cannot be applied as it is always open to the master to pay different pay scales for different cadres having regard to educational qualifications, duties and responsibilities performed by the incumbents appointed on that posts.;