S.C. Mathur, .J. - (1.) STATE of U.P. and its officers have directed this Special Appeal against the order of a learned Single Judge passed in a writ petition filed by the respondents claiming, inter alia, a writ of Mandamus to direct the appellants to pay salary to them in the scale of pay prescribed by the University Grants Commission i.e., Rs. 2200 -4000. The order under appeal has been passed on an application for interim relief. The writ petition is still pending. In the aforesaid writ petition the claim of the respondents is that they were appointed part time lecture and were paid emoluments on the basis of the number of lectures delivered by them. The lectures per week varied from 18 to 24. Payment was made at the rate of Rs. 20/ - per lecture in the plains and at the rate of Rs. 30/ - in the hills. As against this, the regularly appointed lecturers were paid salary in the scale of Rs. 2200 -4000. Apart from the salary/these lecturers got other benefits and allowances also, including salary for the vacations. The respondents asserted that this was arbitrary and discriminatory as they were performing duties identical to those performed by regularly appointed lecturers. On this basis it was claimed that they were entitled to payment of salary in the said scale and, were also entitled to other benefits and allowances. In short, the respondents invoked the principle of equal pay for equal work. The writ petition is being opposed by the appellants on a number of grounds, including the ground that the respondents are not at par with the regularly appointed lecturers, and, therefore, their claim of parity is misconceived.
(2.) IN the aforesaid writ petition an application, for interim relief was made on which the order under appeal has been passed. After referring to certain decisions of their Lordships of the Supreme Court, the learned Single Judge has observed that the doctrine of equal pay for equal work cannot be disregarded on the ground that the employment of respondents is temporary while that of the regularly appointed lecturers in permanent. With this observation direction has been issued as follows: The petitioners shall also be paid salary in the grade of Rs. 2200 -4000 per month with effect from 1 -10 -1992 and they shall also be entitled to other benefits which are available to the regularly appointed lecturers and can get salary and allowances for the period of any vacation for which regular lecturers are paid their salary. Maternity or medical leave facilities shall also be given to the petitioners so long as they hold the posts.
(3.) THE submission of the learned counsel for the appellants is that by the order under appeal substantial part of the controversy involved in the writ petition itself stands settled and this is not permissible at the stage of the disposal of the application for interim relief. It is pointed out that in the event of dismissal of the writ petition, it may not be possible for the appellants to obtain restitution from the respondent -lecturers.;