The main legal point established is the requirement for equal pay for equal work, as well as the need for statutory clarity and justification in determining pay scales for employees.

JUDGMENT

Jyoti Singh, J. (Oral)

1. Present writ petition has been filed by the Petitioner seeking the following reliefs:

"a) Pass an appropriate writ, order or direction in the nature of declaration, declaring that non-grant of pay scale of Rs. 9300- 34,800 with Grade Pay of Rs. 4200, as was being given to other Store-keepers {including juniors), doing the same type of work, by the Respondent No.1 University as arbitrary and discriminatory and that the same infringed the fundamental rights of the Petitioner guaranteed under ARTICLES 14, 16 and 39(d) of the Constitution of India;

(b) Pass an appropriate writ, order or direction in the nature of mandamus commanding the Respondent No.1 University to grant the revised pay scale of Rs. 9300-34,800 with Grade Pay of Rs.4200, as is being given to the other store-keepers, including the petitioner's juniors, employed in the University in the same category (doing same type of work)."

2. Petitioner was appointed to the post of Storekeeper in the Centre of Dental Studies with Jamia Millia Islamia University/ Respondents (hereinafter referred to as the `University') on recommendations of a Selection Committee in its Meeting held on 22.01.2007 in the pay scale Rs.4000-6000. After the 6th CPC recommendations were adopted by the University, Petitioner was placed in a replacement scale of Rs.5200-20200 with Grade Pay of Rs.2400/-. Petitioner continued to work in the said pay scale until he learnt that Storekeepers in different departments were being given the pay band of Rs.9300-34800 with Grade Pay of Rs.4200/- and thereafter Petitioner made a representation seeking revision of his pay scale on 16.11.2016.

3. Case of the Petitioner in a nutshell is that there is a clear discrimination within the Storekeepers in different departments of the University and therefore he should also be placed in the revised pay band of Rs.9300-34800 with Grade Pay of Rs.4200/- at par with the other Storekeepers. Ms. Ghosh, counsel appearing on behalf of the Petitioner submits that Storekeeper is a post which is part of the technical staff of the University and record would show that the post was given the pre-revised scale of Rs.1640-2900 under the 4th CPC which was revised to Rs.5500-9000 under 5th CPC and finally to Rs.9300-34800 with Grade Pay of Rs.4200/-as per the 6th CPC as per the CCS (Revised Pay) Rules, 2008. In order to support this plea, Ms. Ghosh relies upon a letter dated 16.06.1997 which reads as follows:

"JAMIA MILLIA ISLAMIA

JAMIA NAGAR, NEW DELHI - 110 025

Registrar's Office

F.PO.Gen-26/Vol.5(v)/R.O./(ESTT.)/97 16/6/97

The Accounts Officer

Jamia Millia Islamia

NEW DELHI-25.

SUB.: Revision of pay scale in r/o Technical Staff

Sir,

I am directed to refer to your letter dated 10/3/97 on the subject noted above and to give below list of Technical Staff which is covered under the revision of scale of Rs. 1640-2900.

1. J.E.

2. Burser

3. Store-keeper

4. Planning/Statistical Asstt.

5. Technical Asstt.

6. Cartographer

7. Sr. Lab. Asstt.

8. Sports Coach

9. Garden Supervisor

10. Library Incharge

11. Photographer

The cases of Pharmacist and A.V. Operator are being examined separately and decision, in this regard shall be communicated separately.

Yours faithfully
Sd/-
17.6.97
(NIHALUDDIN SIDDIQUI)
Asstt. Registrar (Estt.)"

4. Additionally, Petitioner has also filed a tabular representation indicating the names of other Storekeepers in different departments of the University, who are in the pay band of Rs.9300-34800 with Grade Pay of Rs.4200/- and the chart is extracted hereunder, for ready reference: