JUDGMENT

ORDER :— The Delhi Veterinary Association is the petitioner in the above case. It is an association of veterinary doctors who are residing in the Union Territory of Delhi. By this petition under Article 32 of the Constitution, the petitioner is seeking relief in respect of Veterinary Assistant Surgeons working in the office of the Development Commissioner, Delhi Administration, Delhi, who are its members. It is alleged that these Veterinary Assistant Surgeons have been denied the benefit of the principle of equal pay for equal work incorporated in Art. 39 (d) of the Constitution and that there has been violation of their fundamental rights guaranteed under Article 14 and Article 16 of the Constitution because their scale of salary is lower than the pay scale of Veterinary Assistant Surgeons employed by the Union Territory of Chandigarh or by the Central Government in the Indo-Tibetan Border Police (I. T. B. P.) and in the Border Security Force (B. S. F.). It is also alleged that the Veterinary Assistant Surgeons are persons who have obtained Bachelors Degree in Veterinary Science and Animal Husbandry (B. V. Sc. & A. H.) from colleges of Veterinary Medicine and the minimum qualifications for entering the said course are more or less the same as those prescribed for M. B. B. S. or B. D. S. Examinations. They would be taught in the colleges of veterinary medicine inter alia subjects like Biochemistry, Pharmacology and Toxicology, Bacteriology, Pathology, Hygiene, Parasitology, Surgery, Radiology, Clinical & Preventive Medicine, Obstetric, Gynaecology and additionally Animal Husbandry. Some of them, it is stated, have also undergone some special courses after their degree. Having regard to the period of study in the college and the subjects taught they claim that they are almost equal to those who have obtained M. B. B. S. and . B. D. S. Degrees.

2. It is alleged that whereas the Veterinary Assistant Surgeons in the Union Territory of Chandigarh were paid salary in the pay scale of Rs. 850-1700 on the basis of the pay scale prevailing in the adjoining State of Punjab and the Veterinary Assistant Surgeons in the Union Territories of Arunachal Pradesh and Mizoram were paid in the pay scale of Rs. 550-900, the Veterinary Assistant Surgeons of the Union Territory of Delhi were given pay in the pay scale of Rs. 425-750 from Jan. 1, 1973 and on a representation being made by them, their pay scale was modified to Rs. 550-900 with effect from November 2, 1977 as was being paid in the Union Territories of Arunachal Pradesh and Mizoram with effect from Jan. 1, 1973 even though the Ministry of Agriculture had recommended that their pay scale should be revised to Rs. 650-1200. The petitioner contends that even now the disparity between their pay scale and the pay scale of the Veterinary Assistant Surgeons of the Union Territory of Chandigarh and of I. T. B. P. and B. S. F. which is fixed at Rs. 650-1200 persists. On the basis of the above allegations the petitioner prays that a direction should be issued to the respondents to treat the Veterinary Assistant Surgeons of the Delhi Administration at par with the Veterinary Assistant Surgeons of Chandigarh, I. T. B. P. and B. S. F.

3. A counter-affidavit is filed on behalf of the Union Government denying many of the allegations in the petition and in particular the recommendation said to have been made by the Ministry of Agriculture.

4. The Development Commissioner, Delhi has filed a counter-affidavit justifying the impugned pay scale and at the same time he has pleaded that this is a matter which should be allowed to be examined by the Fourth Pay Commission. In view of the latter plea, we feel that it is not appropriate to deal with the merits of the claim, of the Veterinary Assistant Surgeons of Delhi in the course of this order although we feel that prima facie their grievance appears to be a legitimate one. Since any alteration in their pay scale would involve modification of the pay sca