JUDGMENT - V.A. MOHTA, J.:---"Equal pay for equal work" is no more mere Constitutional goal enshrined in Article 39-D of the Constitution. The above principle is deducible from the equality provisions contained in Articles 14 and 16. If two persons are doing identical work under the same employer in identical service conditions, it would be impermissible to give them unequal return on the basis of arbitrary classification. The burden of establishing the rational behind the classification and its co-relation to the object lies on the State.

2. In the light of the above settled legal position we have to examine whether the letter and spirit of the said principle is violated in the case at hand. This question cannot be decided only on the basis of doctrine de hors the basic facts and hence noticing them will be essential. Petitioner K.U. Pachghare is working as Issue Assistant in the library of the Visvesvaraya Regional College of Engineering, Nagpur (VRCE), first respondent, since 19th March, 1966 on the pay-scale of Rs. 100-3-170. Pay Scales of issue Assistants in the Government Colleges since 1962 was Rs. 100-10-5-150-5-200. On the basis of the recommendation of Badkas Pay Commission, the State of Maharashtra (respondent No. 2) brought about revision of pay scales. The Maharashtra Civil Services (Revision to Pay) Rules, 1969 were made in exercise of the powers conferred by proviso of Article 309 of the Constitution. They were retrospectively brought into force from 1st April, 1966. Pay Scale of Issue Assistants was raised to Rs. 150 10-230-EB 10-270-15-300. Respondent No. 1 took policy decision of revising the pay scales of its employees on the basis of 1969 Rules. By a resolution dated 31st August, 1970 scales of several categories of its employees were revised. The revision in the petitioner's case was Rs. 115-4-135-5-160-E.B.-5-185-6-215. The principal of VRCE as well as the Sub-Committee specially appointed, examined the matter and was of the opinion that revision in the case of the petitioner was not as per Rules of 1969 and that his pay scale should be revised to Rs. 150-300. The matter remained pending for several years at the level of Chairman of VRCE Minister for Education. The petitioner made several representations. He received several replies that the matter was under consideration. Final decisions rejecting his representation as well as recommendations of the Principal as well as the Sub-Committee was communicated to the petitioner on 20th August, 1979.

3. In the meanwhile the State Government had appointed Bhole Commission to further reconsider the pay-scales. On the recommendations of that commission, Maharashtra Civil Services (Revised Pay) Rules, 1978 were made and brought into force with effect from 1st April, 1976. As per 1978 Rules, pay-scale of Issue Assistant in the Directorate of Libraries under the Education and Youth Services Department was revised from Rs. 150-10-230-E B-10-270-15-300 to Rs. 290-10-390-15-465-Extn-15-540 and that of Issue Assistant in Vidarbha Mahavidyalaya Amravati to 365-15-500-20-660-Extn.20-760 VRCE also revised the pay-scales of its employees on the basis of 1978 Rules vide Resolution dated 23rd October, 1979. The petitioner's pay-scale was revised to Rs. 290-540.

4. The petitioner's contention that Issue Assistants in the VRCE discharge the same functions, shoulder the same responsibilities and their essential qualifications and other service conditions are identical, is not controverted in the return filed by the VRCE. The State Government, respondent No. 2, has chosen not to file any return. VRCE has not disputed that its Principal and Sub-Committee was of the view that pay-scale of the petitioner ought to have been on the basis of 1969 Rules at Rs. 150-300. However, it has tried to justify the stand of the Government, which perhaps it was obliged to do, on the ground that several other categories in the pay-scale of Rs. 100-3-170 were also given pay scale of Rs. 115-125.

5. Now i

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