R.K.Agrawal, Sanjay Misra, JJ. - (1.) By means of present writ petition filed under Article 226 of the Constitution of India, the petitioner seeks the following relief:- 1. issue a writ, order or direction in the nature of mandamus directing the respondents to give the pay scale of Lecturer i.e. Rs.2200-2400 to the petitioner since her date of initial appointment i.e. 2.1.1984 along with other consequential benefits and interest thereon. 2. issue writ, order or direction in the nature of mandamus directing the respondents to redesignated the post of petitioner as lectuter with all consequential benefits. 3. Issue any other suitable writ, order or direction which the Hon'ble Court may fit and proper in the circumstances of the case.
(2.) Briefly stated the facts giving rise to the present writ petition are as follows- After facing due process of selection the petitioner was appointed on 23.12.1983 as a temporary lady teacher in Applied Arts & Crafts in the Department of Fine Arts, University of Allahabad on which post she joined on 2.1.1984. She was subsequently made permanent vide order dated 2.12.1989. At the initial appointment she was given a salary of Rs.430/- per month plus other allowances according to University Rules. However, while making her permanent she was placed in the scale of Rs.430-685 plus DA and other allowances admissible under the University Rules. The permanent appointment was on probation for a period of one year which was confirmed on 16.9.1992.
(3.) The grievance of the petitioner is that she should be given the pay scale of the lecturer which is also given to the other Instructors of the University of Allahabad. According to the petitioner in Fine Arts Department, there are seven other Instructors who have been given the pay scale of Rs. 515-860 but she has been discriminated and has been given the pay scale of Rs.430-685. The Executive Council of the University in its meeting dated 27.3.1974 has resolved that the posts of Instructor should be re-designated as Lecturer and all the confirmed incumbents working against these posts be given designation as well as pay scale of Lecturer. The matter was pending before the State Government. However, it had discriminated the pay scale of the Instructor and Demonstrators, Cartographers, Instructors in Physical Education Department and Research Assistant in the University of Allahabad.;