Sarkaria, J.

1. The question referred to this Full Bench is:

"whether the provisions of clause (3) of Article 15 can be invoked for construing and determining the scope of clause (2) of Article 16 of the Constitution, and if so, to what extent and in what kind of cases"?

2. Some material facts giving rise to this reference may first be noted:

Prior to the 12th of May, 1963, in the united State of Punjab, there were two branches of the Punjab Education Service, Non-gazetted (Class III) School Cadre, in the grade of Rs. 110-8-190/10-250. One was exclusively manned by men and the other by women. The members of both the Branches were either employed on teaching work or on inspection work. By a Memorandum No. 1965-ED-III (2E)-61/8123, dated 21st/27th March, 1961, the Government of Punjab granted special pay equivalent to 25 per cent of basic pay but not exceeding Rs. 50/- per month, to the Womens Branch, who were posted as Assistant District Inspectresses of Schools. Subsequently, (per Memorandum No. 1/49-63-Imp-Cell, dated 9th/10th April. 19G3) the Education Department in the field of School-cum-Inspection was reorganised. The Assistant District Inspectors and the Assistant Dis