SBCWP NO.2501/97. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.2501/1997. Vijay Pal Shastri Versus State of Rajasthan & Ors. Date of Order:- March 5, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ None present for the petitioner. Shri Ganesh Meena, Government Counsel. ***** BY THE COURT:- None has put in appearance on behalf of the petitioner even in the second round. Since no one is coming forward to contest the matter on behalf of petitioner, it was considered on the basis of the pleadings and the arguments raised by the respondents. This writ petition was filed by the petitioner aggrieved by non-payment of the salary of the pay scale on completion of 8 and 16 years of service in the pay scale of Rs.3000-5000 and 3700- 5700. So far as initial pay of the petitioner who is working as Lecturer Sahitya at Shri Dadu Acharya Sanskrit College, Jaipur, Sanskrit Education Department of the State, was concerned, he was getting pay scale of Rs.2200-4000 w.e.f. 1/1/1986 and thereafter as revised from time to time. SBCWP NO.2501/97. 2 However, pay scale on completion of 8 and 16 years of years was not paid what is being granted to the Lecturers in the Higher Education Department of the State. Respondents in reply to the writ petition have contended that in the Department of Sanskrit Education, UGC Pay Scales are not applicable therefore benefit of higher benefit on completion of 8 and 16 years of service cannot be given to the employees of the Department of Sanskrit Education. They further contended that petitioner was granted pay scale of Rs.2000-4000 w.e.f. 1/1/1996 which has been revised from time to time. UGC Pay Scales have been made applicable by the respondents even to private colleges. It is therefore difficult to comprehend why the same benefit could not be given to the Lecturers working in the Government Colleges of the Sanskrit Education Department. Analogy on which earlier writ petition namely; SBCWP No.444/1988 was decided on 22/2/1991 was that Lecturers in the Colleges of Sanskrit Education Department cannot be treated on different footing than the Government Colleges and other colleges on making payment of salary on the basis of equal pay for equal work in violation of Articles 39 read with Articles 14 and 16 of the Constitution of India. This matter therefore needs fresh examination at the end of the respondents. SBCWP NO.2501/97. 3 Writ petition is disposed of with the directions to the respondents to examine the issue afresh with regard to grant of UGC Pay Scales to the petitioner and convey to him its result within a period of three months from today. In case, case of the petitioner for consideration is rejected and respondents decide not to grant UGC Pay Scales to the Lecturers in the Sanskrit colleges, respondents shall be required to state specific reason therefor. A copy of this order be also endorsed to the petitioner for his information. (MOHAMMAD RAFIQ), J. anil