ORDER Arun Mishra, J. 1. Petitioner's grievance is that he is not being paid the pay scales which is applicable to a Journalist under the rules. 2. Petitioner was initially appointed as Journalist/Public Relation Officer on 1st June, 1973. On 27th June, 1974, his services were regularised. Petitioner rendered the service to the satisfaction of the respondents. On 30th August, 1975, his services were discontinued on the ground that the State Government had discontinued the post of Assistant Journalist. Again the petitioner was appointed on 29th March, 1976 on ad hoc basis on the post of Field Assistant. He did not join pursuant to the appointment given; he was appointed as Field Assistant again on 7th September, 1977. Petitioner continued to agitate the question of his illegal removal from the post of Journalist. Pursuant to the meeting of the Administrative Council dated 26th February, 1978, the petitioner was appointed as Assistant Journalist. Petitioner submits that he represented for settlement of his grievance according to the Schedule of Posts under Jawaharlal Nehru Krishi Vishwa Vidyalaya, Jabalpur for the year 1979-1980 and also according to the Schedule of Posts for the year 1980-1981, the pay scale of Assistant Journalist was Rs. 350-550. He was wrongly appointed in the pay scale of Rs. 280-480. Schedule of Posts of the year 1979-1980 (Annexure P/1) and 1980-1981 supports the claim of the petitioner. Again the notification (Annexure P/7) dated 23-1-1996 clarified that pay-scale of Assistant Journalist will be Rs. 350-550 which was revised in Chaudhary Pay Commission into Rs. 860-1330. The petitioner's past service with effect from 1973 to 1975 was taken into consideration for fixation of his pay scale, but the admissible scale was not given. Petitioner submits that he is handling/managing the work of Radio Officer and successfully managing the works like Radio Recording, Press Release and other allied works related to publication with sincerity and has carried out each and every project/work assigned to him. Not only he was deprived of the pay scale, but no promotional channel are provided for the post of Assistant Journalist. He represented the matter continuously, served notice, but needful was not done by the respondents. The Director on 28-12-1998 recommended that the petitioner should be paid the revised pay scale of Rs. 350-550 and channel of promotion should also be decided as was resolved by the Administrative Council on 15-1-1996. He represented the matter continuously, served notice, but needful was not done by the respondents. The Director on 28-12-1998 recommended that the petitioner should be paid the revised pay scale of Rs. 350-550 and channel of promotion should also be decided as was resolved by the Administrative Council on 15-1-1996. In the said meeting, it was decided that petitioner's case may be considered for promotion to next higher post of Assistant Public Relation Officer. Resolution dated 15-1-1996 (Annexure P.16) was also not implemented. 3. The respondents in the return submit that petitioner is not entitled for any relief in the writ petition. He was appointed in the pay scale of Rs. 280-480; having accepted the appointment in that scale the petitioner cannot contend that he should have been appointed in the higher pay scale. The revised pay scale of Rs. 280-480 is Rs. 740-1180 and under Central Pay Scale 1990, it was revised to Rs. 1400-2640 and again revised from 1998 but there is no channel of promotion available; hence petitioner could not be promoted in spite of his request. They say that post held by the petitioner of Assistant Journalist is virtually a dying cadre. He was offered the post of Field Assistant but he refused and preferred to continue as Journalist; hence the petitioner cannot raise the grievance. It is the further case set up by the respondent in para 5.9 of the return that the petitioner was working in the scale of Rs. 280-480 and his salary was being drawn in pay scale of Rs. 350-550. He was given benefit of time bound promotion under Choudhary Pay Commission under pay scale of Rs. 280-480. The petitioner is agitating stale claim, hence petition is liable to be dismissed. 4. First question of consideration is what is the pay scale applicable to the post of Assistant Journalist in Jawaharlal Nehru Krishi Vishwavidyalaya. Annexure P/1 is the Schedule of Posts for the year 1979-1980. It clearly mentions the post of Assistant Journalist at Sr. No. 10 carrying pay scale of Rs. 350-550 which is also the pay scale of Assistant Public Relation Officer/Demonstration/Extension Agent/Assistant Journalist. Same is the position in the Schedule of post for the year 1980-1981. Annexure P/1 is the Schedule of Posts for the year 1979-1980. It clearly mentions the post of Assistant Journalist at Sr. No. 10 carrying pay scale of Rs. 350-550 which is also the pay scale of Assistant Public Relation Officer/Demonstration/Extension Agent/Assistant Journalist. Same is the position in the Schedule of post for the year 1980-1981. The agenda notes of the Board of Management's 61st meeting in para 3 indicates that post of Assistant Journalist was sanctioned by the State Government on 22-11-1975 in the pay scale of Rs. 350-550. The legal advise was that petitioner should be given the pay scale of Assistant Journalist in the pay scale of Rs. 350-550. However, the petitioner was appointed in the lesser pay scale of Rs. 280-480. Notification dated 23rd January, 1986 (Annexure P/7) indicates that Administrative Council decided to prescribe the qualification for the post of Assistant Journalist in the pay scale of Rs. 350-550 revised under Choudhary Pay Commission into Rs. 860-1330. Educational qualification and experience were also prescribed. It is not disputed that the petitioner possessed the qualification. He possesses degree of M.A., Bachelor of Journalism Course and LL.B. The report of the committee constituted by Vice-Chancellor (Annexure P/11) to examine the case of the petitioner on 23rd February, 1987 observed that petitioner has been appointed in the lower scale of Rs. 280-480; whereas the post of Assistant Journalist carried the scale of Rs. 350-550; action appears to be unjustified. Petitioner should be given arrears of pay and allowances but petitioner inspite of these recommendations and actual prevailing situation which is not disputed at Bar also that pay scale of Assistant Journalist was Rs. 350-550; whereas petitioner was getting pay scale of 280-480 or its revised pay scale. Annexure P/18 is the order issued after sanctioning of the revised pay scales under M. P. Revision of Pay Rules, 1998. In this the pay scale which is mentioned for Assistant Journalist is Rs. 5000-8000 which is the revised pay scale of Rs. 350-550. This order has been issued pursuant to the order of sanction passed by the State of M. P. and State of M. P. has sanctioned the pay scale of Rs. 5000-8000 to the Assistant Journalist and petitioner is working as Assistant Journalist as on today; he cannot be denied the pay scale as admissible to him under the rules for the post of Assistant Journalist. 5. 5000-8000 to the Assistant Journalist and petitioner is working as Assistant Journalist as on today; he cannot be denied the pay scale as admissible to him under the rules for the post of Assistant Journalist. 5. There cannot be any estoppel against the statute as held in Air India vs. Nagesh Mirza, 1982 (1) SLR 117. In the instant case, the petitioner was appointed as Assistant Journalist and he has been deprived of the benefit of pay scale which has been prescribed time to time under the Revision of Pay Rules and at the time of his appointment also. It is not disputed that the post which is held by the petitioner has the higher pay scale. Since the petitioner is working as Assistant Journalist, he is required to be paid the salary of that post. He cannot be denied the protection of Revision of Pay Rules and sanction order by the Government and the pay fixed by the University for the post of Assistant Journalist. This amounts to denial of protection of law to the petitioner. Even when an incumbent is not holding the post, but is rendering the service, he is entitled to salary of that post whereas in the instant case, petitioner is holding the post itself but on the converse is being denied the pay scale which is violative of Articles 14 and 16 of Constitution of India. "Equal pay for equal work" is the salutary principle deducible from the mutual aid of interpretation and inter-action of Articles 14, 16 and 39(d) of Constitution of India. Umpteen number of times, the same has been enforced by the Courts such as in Randhir Singh vs. Union of India, AIR 1982 SC 879 , Supreme Court Employees Welfare Association of India vs. Union of India and others AIR 1990 SC 334 , and in P. K. Ramchandra Iyer and others vs. Union of India AIR 1984 SC 541 . Non-extension of revision of pay was held to be impermissible in Purshottam Lal vs. Union of India, AIR 1973 SC 1088 . 6. Petitioner has already suffered for a long due to his own fault of not approaching the Court of law at an early date, there cannot be any estoppel against the law. Non-extension of revision of pay was held to be impermissible in Purshottam Lal vs. Union of India, AIR 1973 SC 1088 . 6. Petitioner has already suffered for a long due to his own fault of not approaching the Court of law at an early date, there cannot be any estoppel against the law. Petitioner is having the statutory protection of revision of pay scales under the rules and that of the pay scale fixed under the Schedule of posts which is having the statutory force. The petitioner having accepted the appointment in the lesser pay scale contrary to the rules cannot be to detriment for all the time as that was outcome of superior bargaining power. For not approaching this Court earlier, petitioner can be visited with the penalty of disallowing the past arrears. However, it is held that the petitioner should have been given pay scale of Rs. 350-550 of which he has been wrongfully deprived of in contravention of the rules. The revised scale of Rs. 350-550 is Rs. 5000-8000 as apparent from Annexure P/18, revision of pay, sanction of revision of pay scale under MP Revision of Pay Scales Rules, 1998 and Government has sanctioned the pay scale of Rs. 5000-8000 for the post of Assistant Journalist. The petitioner approached this Court on 18-4-2000. He shall be paid actual arrears with effect from 1st of May, 2000. However, he shall be given notional fixation of pay as admissible to him for period prior to filing writ petitions. 7. It is also the duty of the employer to provide for the promotional avenues and to act as model employer. Recommendation made by the committee on 15-1-1996 may be considered by the respondents appropriately as it is the time when "model employer" is expected to provide promotional avenues so as to inculcate the interest in the employee and give him chance to strive towards excellence. 8. In the result, the writ petition is allowed in part to the extent indicated above. Cost on parties.