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 Commissio

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