Section 146 of the Jammu and Kashmir Constitution provides for the development of Arts, culture and Languages in the State of Jammu and Kashmir. For this purpose the Governor of the State of Jammu and Kashmir is empowered to establish an Academy of Arts, Culture and Languages. Object of establishing this Academy is to provide opportunities for the development of above ideals and also for the development of Hindi, Urdu and other regional languages of the state as specified in the sixth schedule of the constitution. As much would depend upon the scope and impact of section 146 of the Contention of Jammu and Kashmir it would be apt to notice this provision. This read as under :--- "146. Academy for development of Art, Culture and Languages The Governor shall as soon as may be after the commencement of the Constitution establish an Academy of Arts, Culture and Languages where opportunities will be afforded for the development of Art And Culture of the State and for the development of Hindi, Urdu and other regional languages of the State specified in the sixth Schedule:" 2. Submission made by the learned counsel for the petitioners who represent the staff of Institute of Music and Fine Arts is that institute at Jammu is recognised by the University of Jammu and the Institute at Srinagar is recognised by the University of Srinagar. It is submitted that students who join this Academy are ultimately conferred degrees in the discipline of Music and Fine Arts. This is not being disputed by the respondents. It is submitted that training in this regard is being imparted by the staff of this Institute. It is submitted that ultimately students who join the Institute are conferred degrees. It is further submitted that degree which is conferred by this Institute is as good as is being conferred by the University on those who are successful in other disciplines. It is submitted that if those who are imparting training in other disciplines to students are entitled to particular pay scale then staff imparting instructions in the disciplines of music and Fine Arts through an Institute which is the creation of the Constitution of the State of Jammu and Kashmir itself cannot be placed at pedestal lower than the staff or other institutions. It is this aspect of the matter which is being projected in this petition. 3. It is this aspect of the matter which is being projected in this petition. 3. In a nutshell concept of equal pay for equal work is being invoked. Some of the principles which are applicable in the matter of granting equal pay for equal work be noticed at the first instance. Some basic concepts are as under :--- " (i) The claim for equal pay for equal work is not to be decided as an abstract doctrine. Supreme Court Employees Welfare Association of India v, Union of India and others AIR 1990 SC 334; (ii) Aggrieved employee must demonstrate discrimination V. Markendeya v. State of Andhra Pradesh AIR 1989 SC 1308; (iii) Equality claim would be attracted where classification is unreasonable or is not based on any principle P.K Ramachandra Iyer v. Union of India and Supreme Court Employees Welfare Association v. Union of India, AIR 1990 SC 334; (iv) Equal pay must depend upon the nature of work done. It cannot be judged by the mere volume of work. Differentiation despite similarity of functional work but due to dissimilarity of the responsibility confidentiality is not discriminatory. Rederation of All India Customs and Central Excise Stenographers ( Recognised) v. Union of India and others AIR 1988 SC 1291. (v) Payment of higher salary on the basis of higher qualification is permissible, Dr. C.Cinjambal v. Govt. of Andhra Pradesh AIR SC 1537; (vi) Employees working in one institution cannot claim parity with other institutions, All India Sainik Schools Employees Association v. The Defence Minister-Cum-Chairman, Board of Governors Sainik School Society, New Delhi AIR 1989 SC 88; (vii) In the matter of revision of pay scales two groups were formed not on the basis of merit-cum-seniority but on the basis of seniority-cum-fitness though they were performing the same duties would be bad P. Savita v. Union of India AIR 1985 SC 1124 and Delhi Veterinary Association v. Union of India AIR 1984 SC 1211 ; and (viii) Part-time employees doing work for same or more work hours are to get the same pay as regular employees Vijay Kumar v. State of Punjab 1992(3) SCT 371 (P&H): AIR 1994 SC 265." 4. In the case reported as Erstwhile National Fitness Corps Employees Association, M.P. and others v. Union of India and others, 1983 Lab. In the case reported as Erstwhile National Fitness Corps Employees Association, M.P. and others v. Union of India and others, 1983 Lab. I.C 1878, Formal National Scheme Instructors under Central Government in State Service were held entitled to the same scale of pay as that of the Physical Instructors of State Cadre. Again Gallery attendants of National Museum New Delhi were held entitled to the same pay scale and other service benefit as of "record attendants" in National Archives having regard to qualification and nature and condition of work. 1966 ATC 789. 5. Language teachers in Haryana Government Vocational Educational Institutions, were held entitled to the same pay scale as admissible to Lecturers in the Senior Secondary Schools in the State, This was on the ground that their duties and qualifications are same. This view was expressed by a Division Bench of Punjab and Haryana High Court in case reported as State of Haryana v. Ram Chander, 1992(2) SCT 158, Again, Nursery teachers working in Chandigarh Administration, were held entitled to the same benefits as was given and recommended by the Punjab Pay Commission. This view was expressed in Urmila Ranawat v. Union Territory of Chandigarh, 1994 (2) SCT 343. Employees working in the improvements Trusts in the State of Haryana were held entitled to the same pay scale as was being paid to their counterparts in the Government departments, when they were found to be performing similar duties. See Ashok Rabhore v. State of Haryana 1996(2) SCT 321. The State Government equated the pay scales of the English teachers working in the Industrial Training Institutes with Master and Mistresses of Education Department. Their pay scales remained the same up to 1.1.1978. Therefore there was increase in the pay of those working in the Education Department. It was held that as those working in the ITIs were performing similar duties, they are also entitled to the increase. See Kulwant Rai Aggarwal v. State of Punjab, 1999 (3) SCT 361. 6. Teachers of aided private schools in Haryana State were directed to be treated at par with teachers in Government Schools in the matter of pay scales and other emoluments and the Government was also directed to pay the arrears of pay to the former category on that account. This decision is reported as Haryana State Adhyapak Sangh and others v. State of Haryana and others, AIR 1988 SC 1663. This decision is reported as Haryana State Adhyapak Sangh and others v. State of Haryana and others, AIR 1988 SC 1663. Another decision which can come to the rescue of the petitioners is reported as Jaipal and others v. State of Haryana and others, AIR 1988 SC 1504. In this case it was observed that there is no difference in duties performed by Instructors working in Adult and non formal education scheme in Haryana and those by squad teachers in social education scheme of the State. It was accordingly held that both categories are entitled to the same pay scale. 7. In the present case as noticed above Institute of Music and Fine Arts Academy is creation of the Constitution itself. It has status equal to those Institution which are created under the Administrative power vested in the State or by statutes empowering their creation. Therefore, in a Constitutional Institution where instructions imparted are to the same standard as, imparted in Government Colleges, there should not be any discrimination. After imparting education or instruction students are conferred degree by the University of Jammu. The petitioners are not being granted same benefit as has been granted to teachers of other government Colleges. Institution which deals with public would fall within term authority as contemplated under Article 12 of the Constitution of India -There appears to be no justification for this discriminatory treatment. 8. In view of the above, this petition is allowed, Petitioners are held entitled to parity in the pay scale. This would be granted to them on the same lines as have been given in the case of University of Jammu. Annexure "C" which has been produced in the court shall form part of the record. Fact that petitioners are performing duties and working for more than two decades be taken note of. Disposed of as such.