- (1.) Prayer in this petition filed under Articles 226/227 of the Constitution of India is to issue writ in the nature of mandamus directing respondent-Post Graduate Institute of Medical Education and Research, Chandigarh (hereinafter to be referred to as P.G.I.) to put the petitioners in the pay scale of Rs. 1400-2300/- on the principal of equal pay for equal work.
(2.) The facts, as given in the petition reveal that whereas, petitioner No. 1 was appointed as Clerk in the year 1983, petitioner No. 2 was appointed as such on March 29, 1982 in the respondent Institute. Vide order dated June 9, 1988, both of them were promoted on the recommendations of the Departmental Promotion-cum-Selection Committee as Store-keepers in the pay scale of Rs. 1200-2040/- (Central Scale). Some of the store-keepers who were promoted by respondent Institute were given scale of Rs. 330-560/- which was revised to Rs. 1200-2040/-. The said Store-keepers after their promotion challenged the action of respondent PGI of fixing them in the pay as the said pay scale of Rs. 1400-2300/- was being paid to the Store-keepers working in the All India Medical Institute of Medical Sciences, New Delhi. It is pleaded that as per Rule 40 of the Post-Graduate Institute of Medical Education and Research, Chandigarh, 1967, the Central Staff Service rules have been made applicable to the employees of the respondent-PGI and therefore the Statutory Finance Committee in its meeting held on September 20, 1975 decided that all future recruitments/promotions shall be made in the pay scales admissible in all India medical Institute of Sciences, New Delhi. This, on the basis of various decisions and to equate the petitioners with the employees working in the All India Medical Institute of Sciences, New Delhi, cogent evidence was produced before the learned Sub Judge, dealing with the civil suit of others who, in turn, decided the controversy in favour of plaintiffs on May 9, 1989 holding thereby that the Store-keepers are entitled to pay scale of Rs. 425-600/- which was revised to Rs. 1400-2300/-. A copy of the said judgment has been placed on the records of this case as Annexure P-2. Aggrieved P.G.I. carried an appeal against the judgment and decree passed by the trial court which was, however, dismissed as withdrawn on May 23, 1991 from the court of Shri B.R. Gupta, the then Additional District Judge, Chandigarh where it was pending. The Store-keepers, after the withdrawal of the appeal, referred to above, thus, started getting pay scale of Rs. 1400-2300/-. But the petitioners were denied the same on the plea that they were not party to the civil suit. They, thus, made representation to the P.G.I, for the grant of scale equivalent to one which was being granted to their counter-parts i.e. of Rs. 1400-2300/-. When the entreaties of petitioners fell on deaf ears, they were left with no choice but to file Civil Writ Petition No. 4259 of 1992 which came up for hearing before a Division Bench on April 1, 1992, when the following order was passed:- "This writ petition is disposed of with liberty to the petitioners to file a fresh representation seeking relief as claimed in this writ petition. The petitioners are given 15 days, time from today for making such representation. Let the representation be decided within three months of the receipt o such representation by the respondent." Petitioners thus, filed a representation but the same was not decided within the stipulated time constraining them to serve legal notice through their counsel on July 14, 1992. A demand was made to decide the matter in compliance with the orders passed by this Court. It was also mentioned in the notice that in case no action was taken, petitioners would be left with no choice but for to file contempt petition but in spite of service of legal notice, when nothing was heard in the matter a contempt p etition was actually filed. In response to the notice having been issued in the contempt petition, the counsel for the PGI informed that the case had already been referred to the Government of India and further action shall be taken on receipt of advice from them. Later on an information was given to this court that after examining the matter, it was decided not to grant to the petitioners pay scale of Rs. 1400-2300/- as per approved Rules and Regulations of the PGI. Copy of the order aforesaid has been placed on the records of this case as Annexure P-8. It is this order, which has been challenged in the present petition and the prayer in consequence of setting aside of the order is to pay to the petitioners pay scale of Rs. 1400-2300/- as mentioned in the earlier part of this judgment.
(3.) The only but impressive argument raised by learned counsel appearing on behalf of petitioners is that non-grant of pay scale of Rs. 1400-2300/- to the petitioners which pay scale now is being admittedly given to their counter-parts on account of judgment and decree passed by the Civil Court, is not only discriminatory but also offends the principle of 'equal pay for equal work' which has been so strongly entrenched to assume even the character of fundamental right.;