IMPORTANT POINT
The court emphasized the principle of equal pay for equal work, ruling that the petitioners were entitled to the same pay scale as their counterparts in other universities due to administrative errors in processing their pay scale.

JUDGMENT :

1. By way of present petition invoking Article 226 of the Constitution of India, the petitioners herein have prayed for the following reliefs:

“(A) That this Hon’ble Court, be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding the Respondents to pay the petitioners salary as per the recommendations of the 6th Pay Revision i.e. in the pay band of Rs.15600-39100 with a pay grade of Rs.5400.

(AA) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, quashing and setting aside order dated 8.12.2022 passed by the respondent no.1 and direct the respondents to grant pay scale of Rs.15600-39100 to the petitioners under the 6th Pay Commission and pay arrears accordingly forthwith.

(B) That this Hon’ble Court, be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding the Respondents to pay the petitioners the arrears of salary as per the recommendations of the 6th Pay Revision since 1st January, 2006 with interest accrued thereon.

(C) That this Hon’ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, commanding the Respondents to pay the petitioners the difference in salary paid to the petitioners along with interest since the implementation of the sixth pay revision i.e. pay scale of 9300-34800 Grade Pay 5400 in place of pay scale of 15600-39100 Grade Pay 5400 as fixed by the State Government as per the recommendations of the sixth pay commission.”

2. The petitioners herein are serving as Assistant Registrar with the Veer Narmad South Gujarat University (for short ‘VNSGU’) – the respondent No.3 herein; having been appointed upon undergoing due procedure of recruitment vide letter dated 15.10.2008 on regular pay scale of 8000-235-13500 as fixed by the fifth pay commission for the post of Assistant Registrar.

2.1 The Department of Ministry of Higher Education, Human Resource Development, Government of India, by Notification No.I-32-/2006-U.II/U-I(ii), dated 31.12.2008 directed the University Grant Commission (for short ‘UGC’) for revision of pay scale of central government employees pursuant to the recommendation of the 6th pay commission, the Ministry of Finance. Under the said Notification, the post of Assistant Registrar has been put in pay band of 15600-39100 with pay grade of 5400 under clause (iii)(a) of the of the said Notification.

2.2 The respondent – State through the Education Department implemented and sanctioned the 6th pay commission for the respondent No.3 – VNSGU vide Government Resolution No.dgy/1208/4169/kh, dated 14.10.2009 from 01.01.2006 on scale to scale basis duly produced at Annexure – C, page 27 to the petition whereby, there are two posts of Assistant Registrar appears at Sr.No.8, page 37 to the petition, placing them as against 8000-13500 pay scale of 5th pay commission; to the corresponding pay scale of 9300-34800 with grade pay 5400 as per the 6th pay commission. Even though, the scale fixed by the Government is 15600-39100 grade pay of 5400 as per the 6th pay commission.

2.3 It is the case of the petitioners that the Education Department of the respondent – State implemented and sanctioned the recommendations of the 6th pay commission for Gujarat University, Ahmedabad vide Government Resolution No.gjy/1208/4164/kh, dated 15.01.2010 from 01.01.2006 on scale to scale basis wherein, the pay scale of Assistant Registrar has been extended to 15600-39100, grade pay 5400 as per the 6th pay commission against 8000-13500 scale of 5th pay commission, which is duly produced at Annexure – D, page 38 to the petition. Similarly, the Education Department of the respondent – State implemented and sanctioned the recommendation of the 6th pay commission for Maharaja Sayajirao University, Vadodara, vide Government Resolution No.msy/1208/4165/kh, dated 03.09.2