Anjani Kumar, Sudhir Agarwal, J. - (1.) THE petitioner has sought a writ of mandamus commanding the respondents to grant pay scale of Rs. 2200 -4000 and designate him as Assistant Librarian. He has also sought a writ of certiorari quashing the order dated 2 November, 1999, Annexure -'20' to the writ petition, whereby the State Government, the respondent No. 1 has rejected the aforesaid claim of the petitioner.
(2.) THE facts in brief are as under. The State Government vide order dated 30th November, 1979 pursuant to the Scheme of Higher Education and Research Development, for the purpose of Sampurananand Sanskrit University (hereinafter referred to as 'University'), created the following posts: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Sl. Name of Post No. Pay Scale Qualification No. of Post - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1. Lamination 1 175 -3 -250 Experience relating to post Machine 1 and recruitment by selection. Operator - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2. Technical 1 325 -10 -575 i) B.Sc./B.A. in Library Assistant Science. ii) One or two years Diploma in Language in French, Asian etc. Or Post -graduate Diploma in Language Science. iii) Two years experience in Language Library - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3. Professional 1 350 -15 -700 i) Shashtri or B.A. Or Assistant equivalent. ii) Degree in Library Science. iii) Three years experience in Library Work. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4. Deputy Library 1 500 -25 - i) Degree or equivalent. Superintendent 1000 ii) Post -graduate degree in Library Science. iii) Four years experience in Library Work. iv) High level knowledge in Hindi and English. v) Knowledge in handwriting and Pandulipi. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The petitioner was appointed as Technical Assistant. It appears that he claimed to be promoted/designated to the post of Professional Assistant and the University also made recommendation for giving him the pay -scale at par with Professional Assistant, but the said decision not having been accepted by the Government, the petitioner has approached this Court by means of present writ petition under Article 226 of the Constitution of India.
(3.) LEARNED Counsel for the petitioner contended that there is no substantial distinction between the qualification and the duties required to be performed by the Technical Assistant in science library and Professional Assistant and both perform similar duties, yet the petitioner is being paid lesser salary than the Professional Assistant. It is wholly illegal, discriminatory and violative of the doctrine of equal pay for equal work. He sought to place before us the recommendation of various authorities of the University in order to show that in all respect he is at par with those who were appointed and working as Professional Assistant.;