The principle of equal pay for equal work applies only when the positions are functionally and structurally identical.

JUDGMENT

Chandra Dhari Singh, J. - The instant petition has been filed under Article 226 of the Constitution of India by the petitioner seeking the following reliefs:

'i) Issue a writ of Mandamus or a writ in the form of Mandamus commanding/directing the Respondent to recognize and grant the status of a Teacher to the petitioner with all seniority and also to pay and release his monthly salary/other emoluments for the entire period from the date of initial appointment as per the timely recommendations of the Pay Commission.

ii) Award cost for this Petition with the further request to pass any other order(s) or direction(s) or grant any other relief(s) as deemed fit and proper in the circumstances of the facts of the case.'

FACTUAL MATRIX

2. Respondent was a registered society under the Societies Registration Act, 1860, named as 'Jamia Millia Islamia Society, Delhi' which vide the Jamia Millia Islamia Act, 1988 (hereinafter referred to as 'the Act') was dissolved and all properties and rights of the said Society stood transferred and vested in the said University being incorporated and established named as the 'Jamia Millia Islamia' (hereinafter referred to as the 'Respondent University/JMI').

3. At present, the respondent university is a Central University and primarily governed by the said Act and the statutes therein and is fully funded by the University Grants Commission (hereinafter referred to as the 'UGC').

4. Petitioner was engaged by the Respondent University for rendering his services as a Sports Coach by way of Agreement dated 20.11.1987 and vide office communication dated 22.06.1990, his services were confirmed and he was duly appointed with effect from 17.12.1988.

5. It has been contended in the petition that representations were made by the petitioner to the respondent from time to time i.e., on 06.05.2008 and 30.03.2012 to grant him the status of a teacher and to treat him at par inter alia in terms of payment of salary and emoluments as per the pay scale of teacher.

6. The petitioner being a Sports Coach is thus aggrieved by not being considered at par with teacher and has approached this court by way of the instant petition praying for being considered as a teacher and for receiving all the emoluments that a teacher is entitled to.

SUBMISSIONS Petitioner's Submissions

7. Mr. Mayank Wadhwa, learned counsel appearing for the petitioner submitted that the petitioner was put into services by the erstwhile society of Respondent University under Agreement dated 20.11.1987 as Jamia Teacher with the basic pay scale of Rs. l400-40-1600-50-2300-EB-60-2600 per month excluding usual allowances at the rates admissible under the Rules of Jamia Employees. It is submitted that upon the completion of probation period, vide office communication dated 22.06.1990, the services of the petitioner were confirmed and he was duly appointed with effect from 17.12.1988.

8. It is further stated that the Respondent University, being biased against the petitioner, started categorising the petitioner as Sports Coach only and not as a whole-time teacher, which was completely in violation of appointment terms. The Respondent University also started paying the monthly salary which was not at par with the entitlement of a teacher according to the Rules and also contrary to the recommendations of the Pay Commissions.

9. It is contended by the learned counsel for the petitioner that under the provisions of the Act, the petitioner is entitled to being treated at par with a teacher and the same pay and emoluments.

10. It is submitted that the petitioner made representations dated 06.05.2008, and 30.03.2012 to treat him as teacher and also for being granted the revised pay scale, both of which remained unattended.

11. It is submitted that the petitioner has also furnished a circular No.9-12/91-U.F.I. dated 24.09.1992 from the office of the Secretary, Ministry of Human Resource Development (Department of Education) furnishing the decision that the Sports