JUDGMENT

SINGH J. :— By means of this petition under Article 32 of the Constitution the petitioner has raised a grievance that the Respondent-Authorities have practised discrimination in violation of Articles 14 and 16 of the Constitution in refusing to pay him salary in the scale of pay prescribed for similarly placed employees. He has invoked the doctrine of "Equal Pay for Equal Work" as enshrined under Article 39(d) of the Constitution.

2. In order to appreciate petitioners grievance it is necessary to refer to relevant facts giving rise to this petition. The petitioner was initially appointed in 1967 to the post of Teacher Co-ordinator in the pay scale of Rs. 210-425 in the Research Project "Rehabilitation Unit in Audiology and Speech Pathology" a project funded by the Indian Council of Medical Research under PL -480 research scheme with the special assistance of the Social Rehabilitation Services (formerly Vocational Rehabilitation Administration). The aforesaid unit was taken over by the All India Institute of Medical Science on 1-7-1970 along with the staff attached to the said unit. The petitioners services stood transferred to the All India Institute of Medical Sciences (hereinafter referred to as the Institute) and the petitioner continued to hold the post of Teacher Co-ordinator in the Institute. On the recommendation of the Head of the Department of Rehabilitation Unit the petitioners post was redesignated as Hearing Therapist with effect from 3-8-1972 but he continued to draw the salary in the same scale of pay of Rs. 210-425. In pursuance to the recommendations of the Third Pay Commission as adopted by the Institute-the pay scale of Hearing Therapist was revised to Rs. 425-700 with effect from 1-1-1973. Since then the petitioner has continued to draw salary in the pay scale of Rs. 425-700. The petitioner made several representations to the respondent- authorities to revise his pay ,scale and to place him in the pay scale prescribed for the "Speech Pathologist" and "Audiologist" in the pay scale of Rs. 650-1200. Since no relief was granted to him he invoked the jurisdiction of this Court by means of this petition under Article 32 of the Constitution.

3. The petitioners main grievance is that Hearing Therapist perform the same duties and functions as Senior Speech Pathologist Senior Physiotherapist, Senior Occupational Therapist, Audiologist- and Speech Pathologist, yet the respondents have practised discrimination in paying salary to the petitioner in a lower scale of pay. The petitioner has asserted that the qualification prescribed for the aforesaid posts are almost similar and they are working in the same institution under the same employer but the respondent-authorities have practised discrimination in refusing to accept the petitioners claim for equal pay. The petitioner has further raised a grievance that the Third Pay Commission ignored the claim of Hearing Therapist although it has granted higher scale of pay for similar posts of Speech Therapist, Senior Speech Pathologist and Audiologist. He has asserted that Speech Therapists performing similar kind of duties as performed by the petitioner have been granted higher pay scale in other organisations like Safdarjang Hospital, P.G.I. Chandigurh. Medical College Rohtak and Ali Yaver Jung National Institute for the Hearing Handicapped, Hyderabad. The petitioner contends that the respondents have failed to implement the Directive Principles of Equal Pay for Equal Work as contained in Article 39(d) of the Constitution in violation of Articles 14 and 16 of the Constitution. He has claimed relief for the issuance of writ of mandamus directing the respondents which include All India Institute of Medical Sciences and Union of India for fixing the petitioners pay in the scale of Rs. 400-950 with effect from 1-1-1970 and thereafter in the scale of Rs. 650-1200 with effect from 1-1-1973. In defence the respondents assert that the petitioner cannot compare himself with Sen