JUDGMENT :

Sanjeev Prakash Sharma, J.

1. Heard learned counsels finally at this stage.

2. The petitioner has preferred this writ petition with the following prayer:-

"It is, therefore, most humbly prayed that this Hon'ble Court may very graciously be pleased to accept and allow this writ petition and issue and appropriate writ, order or direction or in the nature thereof:

(i) to direct the respondent to treat the petitioner equivalent to the Persons (Lecturers) holding M.Tech Qualification in appropriate branch/discipline for the purpose of fixing the pay structure as per the Notification dated 05.03.2010 and not to discriminate between the two qua the Academic Grade Pay;

(ii) the Respondents be directed to grant Academic Grade Pay as per Notification date 05.03.2010 of Rs. 6000/- to the Petitioner from the date of his appointment, which is being paid to the Lecturers of Engineering Branch holding Masters Degree, after completion of the probation period;

(iii) to direct the respondent not to treat petitioner equivalent to the Persons (Lecturers) holding B.E./B. Tech Qualification in appropriate branch/discipline;

(iv) the Office Order dated 30.05.2011 be directed to be modified accordingly wherein the petitioner be granted Grade Pay of Rs. 6000/- as aforestated;

(v) any other order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case and in the interest of justice, may also kindly be passed in favour of the petitioner with costs."

3. Learned counsel for the petitioner submits that the qualification for appointment on the post of Lecturer in Science and Humanities as per the All India Council for Technical Education (Pay Scales, Service Conditions and Qualifications For the Teachers and Other Academic Staff in Technical Institutions (diploma) Regulations, 2010 (hereinafter referred to as "the Regulations of 2010") is "First class Masters degree in appropriate subject with first class or equivalent at Bachelor's or Master's level" while the minimum qualification for appointment of Lecturer in Engineering and Technology is "Bachelor's Degree in Engineering/Technology in the relevant branch with First Class or equivalent and if the candidate has a Master's degree in engineering/Technology, first class or equivalent is required at Bachelors or Masters level".

4. The petitioner had completed his Masters Degree (M.Sc) in Chemistry faculty and under the advertisement issued by the RPSC dated 11.05.2007 the petitioner was appointed on 27.01.2009 as a Lecturer in Chemistry Department of Technical Education although the Regulations of AICTE Notification dated 05.03.2010 were not made retrospective. The State Government vide its Notification dated 01.09.2010 made the Rajasthan Civil Services (Revised Pay Scales for Government Polytechnic College Teachers, Librarians and Physical Training Instructor) Rules, 2010 (hereinafter referred to as "the Rules of 2010") retrospective w.e.f. 01.09.2006. Under the Rules of 2010, the Grade Pay of a Lecturer in Engineering was made applicable by the AICTE Notification dated 05.03.2010. However, the State Government has made distinction between the Lecturers (Science and Humanities) working in the Government Polytechnic Colleges and those who are working as Lecturers (Engineering) which has resulted in the petitioner being placed in the Grade Pay of Rs. 5400/- vide order dated 08.09.2011 while Lecturers in Engineering holding Masters Degree have been placed in the Grade Pay of Rs. 6000/-.

5. Learned counsel submits that there is a discrimination per-se between Lecturers appointed in Engineering Wing and Lecturers appointed in Science and Humanities Wing at the same time. While a person who is appointed as Lecturer in Engineering having Masters Degree would be placed in Grade Pay of Rs. 6000/-, relying upon the notification issued by the AICTE dated 05.03.2010, the Lecturers in Science and Humanities like the petitioner who already possesses the Post Graduation De