BAIJ NATH GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The grievance of the petitioners (67), in this writ case, is that the equality doctrine embodied in the Constitution of India has been attempted to be flouted by the Rajendra Agricultural University Authorities (Respondents 2 and 3) by the impugned order Annexure-5 dated 3-9-1985, under the cover of artificial divisions, dividing persons doing the same work into the groups without any justification and denying 10 one group (the petitioners) by way of pay what the other group gets. The petitioners claim for the grant of the same pay-scale of Rs. 730-1080 subsequently upgraded to the scale of 785-1210 as is being paid to the clerks of the Respondent-University at the Headquarter (Pusa) and they have also prayed for a writ of mandamus commanding the respondents to grant them the aforesaid scale of pay on the doctrine of "equal pay for equal work". The petitioners are in the scale of pay of Rs. 580-860. The petitioners, thus, complain of the violation of Articles 14 and 16 of the Constitution of India and also violation of the principle of 'equal pay for equal work". (1-A). Before dealing with the theory of "equal pay for equal work", I first deal with the other important aspect of the matter i. e. whether the Respondent University has committed any illegality in asking the petitioners (the deputa- tionists to resign first from the Government service and opt for University service before they are allowed to avail the scale of pay, as claimed.

(2.) The petitioners were initially appointed as clerks in the different Agricultural Colleges and Research Instil utes then under the Department of Agriculture, Government of Bihar in other words, basically they are government employees. Later on, all the petitioners were transferred in the constituent units of the Rajendra Agricultural University, in other word, all the petitioners are 'deputa- tionists' at their own places.

(3.) Thus, in short, the point involved is whether the petitioners who are clerks and are 'deputationists' in the Constituent Units are entitled to get the same scale of pay (as referred to above) as the other clerks of the Respondent University at the Head Quarter ?