( 1 ) PETITIONERS are Gallery Attendants of the National Museum located at New Delhi. In this application under Article 32 of the Constitution they have alleged discrimination so far as their service conditions are concerned by contending that they are equal in every respect with Record Attendants in the National Archives also located at New Delhi in the close proximity of national Museum ; yet in regard to pay and allied conditions of services discrimination has been made in the report of the Fourth Pay Commission and they are prejudiced on that account.

( 2 ) NOTICE was issued and the respondents were called upon to file their return. Several adjournments have been given to enable the Union of India to file its counter-affidavit. In spite of repeated adjournments no reply hasbeen filed. In the circumstances we are left with no option but accept the factual allegations of the petitioners. The qualification for the job, nature and conditions of work prescribed for Gallery Attendants and Record Attendants in the two institutions are the same. The Fourth Pay Commission has given benefits confined to the Record Attendants while the claim of the Gallery attendants has not been taken in