BAJRANG BAHADUR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) BY means of this petition under Article 226 of the Constitution, the petitioners seek issuance of a writ of mandamus directing the respondents to pay to them the salary equal to the Lecturers in Lai Bahadur Shastri State Homeopathic Medical College, Allahabad with effect from 11-12-1981.

(2.) IN short, the admitted facts leading to this petition are that, petitioners Dr. Bajrang Bahadur Singh and Dr. Arun Kumar, are Demonstrators in Lal Bahadur Shastri State Homeopathic Medical College, Allahabad. This institution is owned, controlled and run by the State of U. P.

(3.) NO doubt, Part III of the Constitution which speaks of fundamental rights of the citizen does not envisage equal pay for equal work. However, the scope of Article 39 (d) appearing in Part IV (Directive Principles of State Policy) of the Constitution if read together with Article 14 and 16 of the Constitution, it. certainly declares the constitutional goal enjoining the State not to deny any person equality before law in matters relating to employment including the scales of pay, and failure to comply the same amounts to discrimination violative of Article 14 and 16 of the Constitution.