M.L. Bhatt, J. - (1.) THIS writ petition is filed by the President of U.P. Polytechnic Karamchari Mahasangh on behalf of his association. He prays for a writ of mandamus directing the respondents to grant the same pay scale to the Senior Lecturers in the aided Polytechnics as has been granted to the Heads of Departments in the Government Polytechnics, under the Govt. Order. The members of the petitioner Association claim that they are entitled to get the pay -scale of Rs. 3,000 -4,500 instead of Rs. 2,350 -4,350 and the difference of pay may also be granted to them w.e.f. 1 -1 -1986. It is submitted by the petitioner that by virtue of Govt. Order dated 12 -7 -1966 the Government has ordered that w.e.f. 1 -1 -1966 the staff of the aided Polytechnics be granted the same pay -scales and rates of D.A. as recommended by the Pay Rationalisation Committee and accepted by the Government for the corresponding posts in Government Polytechnics. This is reflected from the Annexure 1 to the writ petition by virtue of the said Govt. Order the pay -scales of the aided Polytechnics are said to have become equal to those of the corresponding posts in the Govt. Polytechnics. The pay -scales of Principal, Senior Lecturers and Lecturer were made equal to the pay -scale of the corresponding posts in the Govt. Polytechnics. Another Govt. Order was issued on 24 -6 -1989 (it should be read as 26 -6 -1989). The pay -scale Principals of aided Polytechnics was revised and the Senior lecturers were to get the pay scale of Rs. 2,350 -4,350. The pay scales of lecturer was also increased and the outer limit of the scale was Rs. 4,000/ -. This is reflected by Annexure 2 to the writ petition. By virtue of Govt. Order dated 23 -3 -1990 the pay -scales of Principals of Govt. Polytechnics were made equal to the pay -scales of Principals and Lecturers in the aided polytechnics. However, so far as the posts of Head of Departments of the Govt. Polytechnics were concerned, the pay scale was Rs. 2,350 -4,300, which was equal to the pay -scale of Senior Lecturers of the aided Polytechnics was raised. The pay scale in the Govt. Polytechnics, so far as the Heads of Departments was concerned, was raised to Rs. 3,000/ -4,500/ -. This is reflected by Annexure 3 to the writ petition. The pay -scale were revised by virtue of the U.P. Polytechnics Education Gazetted Officers Service Rules, 1990. The pay scales of Principal and Lecturers were maintained at 3,000 -4,750 and 2,200 -4,000 respectively, which were equivalent to the existing pay scales of the corresponding posts in the aided Polytechnics. The pay -scales of Heads of Departments, which was given in the Govt. Polytechnics was shown as Rs. 3,000/ - 4,500 but the pay -scale for corresponding posts of senior lecturers in the aided polytechnics remained as Rs. 2,350 -4,300.
(2.) THE petitioner claims that the post of senior Lecturers in the aided polytechnics corresponds to the post of Head of Department in the Govt. Polytechnics. This fact is not denied by the other side. It is contended by the learned counsel for the petitioner that the posts of Head of Department in the Govt. Polytechnic and the Senior Lecturer in the aided Polytechnics are equivalent. They possess the same qualifications and nature of work and responsibility of the two are also same and identical. There is no difference so far as the Govt. Polytechnics and the aided polytechnics are concerned in respect of imparting education and qualification of the staff, who imparts the education. The members of the petitioner are said to have made a representation also but the same was not considered hence they have filed this writ petition for granting equal pay to senior lecturer at the same rate, which is being paid to the Heads of Department in the Government Polytechnics and they claim the same rate w.e.f. 1 -1 -1986 for which date the scale of pay is revised in respect of the Heads of Department in the Government polytechnics. Counter affidavit has also been filed by the other side. The other side has not denied in substance the averments made by the petitioner in the writ petition. It is submitted that the post of Head of Department in the Government Polytechnics is equivalent to the post of senior Lecturer in the aided Polytechnics. The nature of their duties is the same and they discharge the identical functions. In fact on 24 -4 -1990 a recommendation is said to have been made by the Assistant Director to the Secretary to the Government for rationalising the pay scale of the senior lecturers of the aided Polytechnics and he has requested to bring it at pa(sic) with the pay -scale of the Heads of the Departments of the Govt. Polytechnics.
(3.) FROM the perusal of the record appears that the post of senior lecturer in the aided Polytechnics is equivalent to the post of the Head of Department in the Govt. Polytechnics. The nature of their duties is identical and they perform the similar job. Their qualification are the same. However, there is disparity in their pay -scales and on the basis of the principle of equal pay for equal work' the petitioner claims that is member (sic) be granted the pay -scale of Rs. 3,000 -4,500, which is being paid of the Heads of the Departments of the Government polytechnics.;