JUDGMENT S.K. MISHRA, J. In both the writ petitions, the petitioner being the General Secretary of Utkal University Demonstrators Association has filed this writ application with a prayer to direct the opposite parties to pay scale of pay of Rs. 1740-3000/- to the Demonstrators who have reached at the stage of Rs. 2700/- as per the recommendation of the U.G.C. w.e.f. 01.01.1986. It is further prayed that directions be issued to the effect that the Demonstrators of the Utkal University are also entitled to get the scale of pay as introduced by the U.G.C. in Annexure-10 as per the recommendation of the Pay Commission w.e.f. 01.01.1996 with the corresponding scale of pay of Rs. 5500-9000/- (1740-3000) and Rs. 8000-13,5000/- (2200-4000). 2. The petitioner pleads that the members of the petitioner's Association are serving as Demonstrators on various P.G. Science Departments of the Utkal University. They joined in the University service as Laboratory Assistants. Such posts of Laboratory Assistants were re-designated as Demonstrators (Non-Teaching) w.e.f. 01.01.1985 as per Office Order dated 18.08.1987 and subsequently the word 'non-teaching' was deleted from the designation 'Demonstrators' (N.T.) as per order dated 22.01.1990 as they were doing teaching job. It is further pleaded that minimum qualification for holding a post of Demonstrator in the University is Post Graduate Degree in the relevant subject unlike Graduates in Government/Non-Government colleges of the State. As per the Orissa Revised Scale of Pay Rules, 1985, subsequently on 22.01.1990 the Vice-Chancellor of the Utkal University passed orders to delete the words 'Non-teaching' from the designation of Demonstrators as per the Government Circular dated 10.04.1989 with the terms and conditions that they will not claim for parity with the existing Demonstrators placed in the scale of pay of Rs. 1120-2245/- and further they cannot claim higher post on the ground that they are doing teaching job. Further, it was submitted that the UGC scale of pay will not be given at any point of time. They will be paid by the Rules etc. Such conditions as stipulated are not germane for the issue. But the petitioner claims that imposition of conditions is arbitrary, mechanical and is not sustainable in the eye of law. The minimum qualification for being appointed as Demonstrator is equal to the qualification prescribed for Lecturer. In the meanwhile many Demonstrators have completed Ph.D. course and they are even allowed to take P.G. classes (Theory and Practical). But the petitioner claims that imposition of conditions is arbitrary, mechanical and is not sustainable in the eye of law. The minimum qualification for being appointed as Demonstrator is equal to the qualification prescribed for Lecturer. In the meanwhile many Demonstrators have completed Ph.D. course and they are even allowed to take P.G. classes (Theory and Practical). The Government of India in Ministry of Human Resources and Development, Department of Education issued to the Education Secretaries of the States regarding revision of pay scales of teachers in Universities and Colleges and other measures for maintenance of standards in higher education. It was pointed out in the letter that the revision of pay scales of teachers in Universities and Colleges will be effective from 1986. The revised scale of pay of Tutors and Demonstrators is for the existing incumbents of the Universities and Colleges. However, it is further stipulated that there shall be no fresh recruitment to this category and the pay scale for the Demonstrators for existing incumbents only was fixed Rs. 1740-3000/-. It was further pointed out that the persons who will be crossing E.B. a personal pay of Rs. 2200-4000/- equivalent to that of Lecturers without any change in their designation and duties and, as such, the petitioners continuing in the University as Demonstrators were entitled to get the scale of pay Rs. 1740-3000/- and thereafter, after reaching the scale of Rs. 2200-4000/- w.e.f. 01.01.1986. 3. During October, 1992 a letter was addressed by U.G.C. in regard to the promotional avenue for Demonstrators/teachers working in University and colleges and the UGC as well as Government of India were considering for availing the promotional avenue for the Demonstrators/teachers who possesses the minimum qualification for appointment i.e. Masters Degree in the relevant subject with at least 55% of mark or its equivalent grade and that may be considered the existing incumbent appointed prior to March, 1974 may not be required to qualify in the, eligibility test conducted by the UGC. It was pointed out that Demonstrators are also entitled to the promotional cases. While the matter stood thus, grievances were made before the authorities and a resolution was passed on 05.04.1994 by the Syndicate to accept the guidelines of the UGC in its letter dated 04.03.1994 and directed that the guidelines stipulated in the UGC circular dated 8.10.1992 may be followed and the case of Demonstrators/Tutors may be decided accordingly. While the matter stood thus, grievances were made before the authorities and a resolution was passed on 05.04.1994 by the Syndicate to accept the guidelines of the UGC in its letter dated 04.03.1994 and directed that the guidelines stipulated in the UGC circular dated 8.10.1992 may be followed and the case of Demonstrators/Tutors may be decided accordingly. On 11.10.1994, the UGC also wrote a letter to the Government pointing out that the Central Government will provide necessary assistance for revision of pay scales of Demonstrators subject to the terms and conditions laid down in Ministry of HRD letter dated 17.06.1987, 14.07.1981 and 22.07.1988 and the same would be applicable to the existing incumbents only. The petitioner further pleads that a proposal was sought for that UGC scale of pay would be extended to Laboratory Assistants, who have been re-designated and appointed as Demonstrators from 01.01.1986. Their pay in the UGC scale was to be fixed notionally and notional increment is to be allowed till 01.01.1996. No financial benefit would be given to them from 01.01.86 to 01.01.1996. Subject to financial assistance from Government of India being available the Demonstrators would be allowed to draw pay in the UGC scales of pay on the basis of the notional pay fixation from 01.01.1996. The proposal of State Government is however subject to condition that Government of India agree to provide central assistance to the extent of 80% of the additional cost for implementing the above scheme for a period of five years from 01.01.1996 as at Annexure-7. On 24.12.1996 Government of India, Ministry of HRD wrote a letter to the Government of Orissa in regard to revision of pay scales of Demonstrators working in the Universities and colleges in Orissa clarifying that in case the State Government wishes to revise the pay scales of Demonstrators in the State the Central Government would provide financial assistance to the extent of 80% of the additional expenditure involved in revision of their pay scales for the period 01.01.1986 to 31.03.1990 only for the post in existence on 01.01.1986 and that too restricted to incumbents, who were holding such posts prior to that date. 4. After due discussion, finally on 31.05.1997 the Utkal University passed orders that the Demonstrators working in different P.G. Departments of the University on or before 01.01.1986 and continuing as such are allowed U.G.C. pay scale of Rs. 4. After due discussion, finally on 31.05.1997 the Utkal University passed orders that the Demonstrators working in different P.G. Departments of the University on or before 01.01.1986 and continuing as such are allowed U.G.C. pay scale of Rs. 1740-3000/- notionally w.e.f. 01.01.1986 to 31.12.1995. The financial benefits were given to them from 01.01.1996 to 31.05.1997 after receipt of grant from the State Government. The Vice Chancellor was pleased to pass orders that they may be allowed to draw their salary in the aforesaid scale i.e. Rs. 1740-3000/- from the month of June to be drawn on 01.07.1997. By virtue of such decision, Demonstrators pay was revised and are fixed at the scale of Rs. 1740-3000/- w.e.f. 01.07.1991. While the revision of scale of pay was in force from 27.07.1998, the Government of India in the Ministry of H.R. Department further revised the scale of pay of teachers of the University and colleges following the revision of scale of pay of Central Government on the recommendation of the 5th Pay Commission. In the scale of pay of teachers as per the schedule, the Demonstrators who are enjoying the scale of pay of Rs. 1740-3000/- was revised to Rs. 5500-9000/- and, as such, all the petitioners who were in the scale of Rs. 1740-3000/- were entitled to get the revised scale of pay as per the Pay Commission report. 5. The petitioners were in receipt of pay in the revised scale of pay as per the resolution by the Syndicate. At that time, a letter was issued by the Government that the Utkal University has allowed the scale of pay working in different P.G. Departments as per Office Order dated 31.05.1997 and accordingly, pay has been fixed in case of individual incumbents. A direction was issued for withdrawal of such decision and recover excess salary, if any, paid to the concerned employees. However, as per the order passed by this Court in O.J.C. No. 13156 of 1998, no recovery has been made from the salary paid. The petitioners further, plead that the orders and resolutions passed in depriving the petitioners from the UGC scale of pay is arbitrary and illegal. On such pleadings, the petitioners' Association has prayed that the pay scale as mentioned earlier be granted in their favour and necessary direction may be given. 6. The petitioners further, plead that the orders and resolutions passed in depriving the petitioners from the UGC scale of pay is arbitrary and illegal. On such pleadings, the petitioners' Association has prayed that the pay scale as mentioned earlier be granted in their favour and necessary direction may be given. 6. Opposite party No. 1 has filed a counter affidavit, inter alia, pleading that the post of Laboratory Assistant was created by the University to assist the Lecturers in various Science Departments of the University. The basic qualification of the Laboratory Assistants was B.Sc. and they are to conduct the practical classes of the science students and prepared practical materials in their concerned departments. The Laboratory Assistants were re-designated as Demonstrators (non-teaching) w.e.f. 01.01.1985 and at the latter stage the 'non-teaching' word was deleted from designation of demonstrator vide office order dated 22.01.1990 basing upon Government Circular dated 10.04.1989 with the following terms and conditions: (i) That they will not claim for parity with the existing demonstrators placed in the scale of pay of Rs. 1120-2245/-. (ii) That they cannot claim for higher post on the ground of doing teaching job. (iii) That the UGC scale of pay will not be given to them at any point of time. (iv) That they will abide by the Rules framed in respect of their recruitment and duty chart. The opposite party further pleads that the recruitment qualification for the post of Laboratory Assistant was B.A./B.Sc. and for Demonstrators it was M.A./M.Sc. in the University. No post of Laboratory Assistant now exists in any of the P.G. Departments of the University. The recruitment qualification for the post of Demonstrator is P.G. Degree in the relevant subject, as per Orissa Universities Recruitment and Promotion of Non-teaching Employees Rules, 1991. It is further pleaded that the expression 'teacher' has been defined under Section 4 (2) of Orissa Universities Act, 1989 and it includes Professors, Readers, Lecturers and such other teachers as may be described to be teachers of University. Similarly, Chapter-2 of the Orissa Universities First Statutes, 1990 deals with teachers. Section 4(1) says that in respect to the teachers specified in Sub-section (2) of Section 4 provides that the teachers shall be Professors and Readers appointed as Director of Corresponding Courses of Principals Nice-Principals as the case may be, Part time Lecturers and Shikshyaka (Instructor). Similarly, Chapter-2 of the Orissa Universities First Statutes, 1990 deals with teachers. Section 4(1) says that in respect to the teachers specified in Sub-section (2) of Section 4 provides that the teachers shall be Professors and Readers appointed as Director of Corresponding Courses of Principals Nice-Principals as the case may be, Part time Lecturers and Shikshyaka (Instructor). Since Demonstrators do not come under the ambit of the definition 'teacher', they cannot be termed as teachers and claim UGC scale of pay. Moreover, as per the guidelines of the UGC as well as the State Government, the Demonstrators have to face the Selection Board Committee to be appointed as a Lecturer, which comes under the definition of 'teacher'. It is further pleaded that the Demonstrators of the University wanted to avail the U.G.C. prescribed scale of pay. The demonstrators of the University want to avail the UGC prescribed scale of pay of Rs. 1740-3000/- as per the letter dated 08.10.1992. The said letter was placed before the Syndicate on 05.04.1994 and it was resolved to accept the guidelines of the UGC in principle and decided to refer the case to the Hon'ble Chancellor for approval. Accordingly, a letter was sent to the Chancellor for approval and implementation of the UGC scale of pay to the Demonstrators, but as yet no approval of the Chancellor was received. It is further pleaded that in the meantime the Demonstrators launched a Gana Dharana and hunger strike in front of the out-gate of the office from 26.05.1997 for grant of UGC scale of pay. On this contest, the then Vice-Chancellor without the consent of the then Syndicate, issued an order that the Demonstrators working in different P.G. Departments of the University on or before 01.01.1986 and continuing as such, are allowed U.G.C. pay scale of Rs. 1740-3000/- notionally w.e.f. 01.01.1986 to 31.12.1995. Financial benefit will be given to them from 01.01.1996 to 31.05.1997 after receipt of grants from the State Government and they are allowed to draw their salary in the said scale. However, the State Government opposed to payment of UGC scale without prior permission from the Government and directed to withdraw the same and recover the excess amount from the demonstrators. The recovery has, however, been stayed by this Court as per order dated 24.09.1998 in Misc. case No. 12102 of 1998, arising out of O.J.C. No. 13156 of 1998. However, the State Government opposed to payment of UGC scale without prior permission from the Government and directed to withdraw the same and recover the excess amount from the demonstrators. The recovery has, however, been stayed by this Court as per order dated 24.09.1998 in Misc. case No. 12102 of 1998, arising out of O.J.C. No. 13156 of 1998. The opposite party, however, plead that the Chancellor has recommended that the University Authorities may consider the cases of in-service demonstrators along with others for appointment as Lecturers against any advertised posts, if they fulfils the criteria prescribed, but they have to follow a selection procedure. It is further pleaded that at present, the Demonstrators are being paid a sum of Rs. 7,500/- as consolidated advance in each month till the finalization of the revised pay scale by the Chancellor. 7. The petitioner has filed a rejoinder to the counter affidavit filed by opposite parties 1 and 2. It is made clear that at present only 21 Demonstrators in different P.G. Departments of the Utkal University are working as teachers and almost all of them have been appointed before 01.01.1986, except Dr. P.K. Swain (appointed on 11.02.1991), Dr. D.K. Chhotray (appointed on 01.07.1989) and Dr. (Mrs.) Manaswini Dash (appointed on 06.09.1990). It is further pleaded that the Demonstrators teach the students of the P.G. Departments in both theory/practical classes and with Ph.D. Degree also guide the scholars leading to Ph.D. degree. The Central Office of the P.G. Departments of the University has declared the post as teachers. The U.G.C. in reply to the decision of the Syndicate of the University has cleared the status of the post of Demonstrators classifying the Demonstrators as teachers. Therefore, in such manner, the petitioner has further clarified the position. 8. Opposite party No. 5 has also filed a counter affidavit, which is in line of the affidavit filed by the opposite parties 1 and 2. A rejoinder has also been filed to the same by the petitioner. 9. Opposite party No.5 has filed an affidavit on 17.12.2009 as per order passed by this Court on 10.12.2009 regarding the scale of pay of the Demonstrators working under the Universities, Government Colleges and Non-Government Aided Colleges. It was submitted that the Demonstrators working under the Universities, Government Colleges and non-Government Aided Colleges are drawing the same scale of pay. 9. Opposite party No.5 has filed an affidavit on 17.12.2009 as per order passed by this Court on 10.12.2009 regarding the scale of pay of the Demonstrators working under the Universities, Government Colleges and Non-Government Aided Colleges. It was submitted that the Demonstrators working under the Universities, Government Colleges and non-Government Aided Colleges are drawing the same scale of pay. It is further submitted that the scale of pay availed by the Demonstrators and their corresponding scales under 1985, 1989 and 1998 pay revision rules was 1090-2135/-, 1400-2600/- and 5000-8000/-. It is, therefore, contended that in view of the aforesaid position, the State Government while recommending the case of the Demonstrators working under the Universities could not have ignored the Demonstrators working in Government Colleges and Non-Government Aided Colleges as they are on the same footing. 10. In pursuance of the order dated 20.07.2011, the Registrar of Utkal University, Vani Vihar, Bhubaneswar has filed an affidavit indicating that reports were called for from all the Heads of the Departments of Utkal University and from the reports submitted by the different Heads of the Departments of University regarding the duty performed by the present demonstrators. Most of the Heads of Departments have intimated the Registrar that at present the demonstrators in the departments are taking practical classes only and they are not taking any theory classes. But the Head of the Department of Geography has intimated that the demonstrators in that department are taking classes both theory and practical as per the time table approved by the staff council. Similarly, Anthropology department has reported that the demonstrator was only involved in taking practical classes from 1.1.1974 but not involved in teaching theory classes, but at present demonstrator has been involved in teaching both practical and theory classes due to shortage of teachers. 11. On such pleadings of the parties, the only question is to be decided in this case is whether the demonstrators, who are 21 in number working in the Utkal University, are teachers and are covered under the U.G.C. guidelines for payment of U.G.C. scale of pay as per Annexure-10. 12. Learned counsel appearing for the petitioner submitted that in view of the findings recorded in the case of Smt. Gitanjali Mishra v. State of Orissa and another, (O.J.C. No. 8516 of 1992 decided on 30.04.1993), demonstrators are teachers. 12. Learned counsel appearing for the petitioner submitted that in view of the findings recorded in the case of Smt. Gitanjali Mishra v. State of Orissa and another, (O.J.C. No. 8516 of 1992 decided on 30.04.1993), demonstrators are teachers. A Division Bench of this Court has held in that case that it would be impossible to agree with the learned Additional Government Advocate that Laboratory Assistants/Demonstrators are not teachers. The second contention raised by the learned counsel for the petitioner is that the UGC guidelines itself prescribe the revision of pay scale for teachers/demonstrators, existing incumbents only from Rs. 500-900/-, Rs. 1740-3000/- and Rs. 2700-EB-75-3000/-. Thirdly, it is contended that the case of the petitioners cannot be discriminated against as they are also entitled to equal treatment in the hands of the employer i.e. the University. 13. Learned counsel appearing for the University, however, contended that the petitioners are not teachers and, therefore, they are not entitled to receive the scale of pay allowed by the U.G.C. It is further contended that as per the Government Circular dated 10.04.1989, the terms and conditions clearly stipulate that they cannot claim parity with the existing demonstrators, cannot claim higher post for doing teaching job and UGC scale of pay will not be given to them at any point of time. Accordingly, learned counsel for the University contended that the writ petition should be dismissed. 14. In the case of Smt. Gitanjali Mishra v. State of Orissa and another (supra), this Court has held that Laboratory Assistants/Demonstrators are teachers. Secondly, it is found out that as per the Circular issued by the Government of India in Ministry of Human Resources Department, Department of Education on 17.06.1987, which was issued for enforcing the report and observations of the University Grants Commission and to implement a scheme of revision of pay for teachers in Universities and Colleges w.e.f. January 1, 1986. In the appendix to such letter it is specified that the revision of scale of pay will be effective from 01.01.1986. It is further provided at paragraph 5 of the Appendix that the revised scale of pay of the Tutors and Demonstrators is for existing incumbents of these positions in the Universities and Colleges. There shall be no fresh recruitment to this category. It is further provided at paragraph 5 of the Appendix that the revised scale of pay of the Tutors and Demonstrators is for existing incumbents of these positions in the Universities and Colleges. There shall be no fresh recruitment to this category. Accordingly, in Annexure-1, the pay scales of Tutors/ Demonstrators, (existing incumbents only) at serial No. 6, it is provided that the employees in this cadre in respect of pay scale of Rs. 500-900/- shall receive revised pay scale of Rs. 1740-60-2700-EB-75-3000/-. In Annexure - 2 i.e. letter issued by the University Grants Commission to the Registrar, Utkal University, Vani Vihar, Bhubaneswar, it was intimated that the Ministry agrees that the Demonstrators/Tutors, who possess the minimum qualifications as prescribed by the U.G.C. for appointment to the post of Lecturer i.e. Master's Degree in the relevant subject with at least 55% marks or its equivalent grade and good academic record may be considered for appointment against the vacant posts of Lecturers. It is further stipulated that any existing incumbent appointed prior to March, 1974 may not be required to qualify in the eligibility test conducted by the UGC. It is further directed that those demonstrators/Tutors have to stay in the elongated scale of Rs. 1740-3000/- and those who have reached the stage of Rs. 2700/- basic pay in the present scale, may be granted on crossing E.B., a personal pay of Rs. 2200-4000/- equivalent to that of Lecturer without any change in their designation and duties The posts will automatically stand abolished when vacated by them. 15. It is seen from the letter issued by the Registrar, Utkal University to the Under Secretary to the Governor, Orissa, Raj Bhavan, Bhubaneswar on 19.04.1994, Annexure-3 that the Syndicate at its meeting held on 05.04.1994 has resolved to accept the guidelines of the U.G.C. in principle and decided to refer the case to the Chancellor for approval. Thus, it is clear that the Syndicate has approved the suggestions given by the UGC and the same has been referred to the Chancellor for approval, which has not yet been forthcoming. 16. Coming to Annexure-10, which is sought to be enforced by the petitioner, to grant them the admissible scale of pay, it is seen that for Demonstrators and Tutors of colleges, they have existing scale of pay of Rs. 1740-50-2700-EB-75-3000/-. 16. Coming to Annexure-10, which is sought to be enforced by the petitioner, to grant them the admissible scale of pay, it is seen that for Demonstrators and Tutors of colleges, they have existing scale of pay of Rs. 1740-50-2700-EB-75-3000/-. A revised scale of pay was introduced as per the letter dated 27.07.1998 as Rs. 5500-175-9000/-, but the same has not been made applicable to the Demonstrators working in the Universities. Thus, this being the case, the issue to be decided is whether there has been discrimination against the present petitioners or not. It is clear from the afore-cited case of Smt. Gitanjali Mishra (supra) that the Demonstrators are also teachers. The Supreme Court in Purshottam Lal and others v. Union of India and another AIR 1973 SC 1088 has held that one category of employees cannot be refused the benefit granted to other category of employees and if such a process is allowed to continue, then it would amount to discrimination and violation of Articles 14 and 16 of the Constitution of India. 17. In the case of Anil Ratan Sarkar and others v. State of W.B. and others, 2001 SCC (L&S) 866, while deciding on the legality of a Circular issued by the West Bengal Government, the circular clearly authorizes all Instructors of Non-Government Colleges to continue after granting them status of teacher, described as arbitrary, irrational, discriminatory and also contrary to the law of the land. Similar view has been taken in the case of State of W.B. and others v. Harendra Nath Bhowmick and others, 2001 SCC (L&S) 876, wherein the Supreme Court upheld the order of the High Court, wherein the Division Bench has held that the action of the Government of West Bengal in not conferring the status of the teaching staff of the Instructors is, prima facie, arbitrary and thereby violative of Article 14 of the Constitution. 18. Applying this principle to the case in hand, we see that the UGC norms of 1986, the Central Government approved the revised scale of pay, which shall be paid to the Tutors and Demonstrators for the existing incumbents of this position in the University and Colleges, but there shall be no fresh recruitment to this category. 18. Applying this principle to the case in hand, we see that the UGC norms of 1986, the Central Government approved the revised scale of pay, which shall be paid to the Tutors and Demonstrators for the existing incumbents of this position in the University and Colleges, but there shall be no fresh recruitment to this category. However, in the latter Notification of the year 1998, the scale of pay which is given in a tabulated form, the category of employees namely; Demonstrators/Tutors have been omitted from the University but the same Demonstrators and Tutors have been included as employees of the Colleges. Thus, it is clear that the guideline is discriminated against the Demonstrators, who are working in the University, though a higher scale of pay have been recommended for the Demonstrators working in the Colleges. This, in our opinion, is arbitrary, illegal, discriminatory and is also violative of principles of Articles 14 and 16 of the Constitution of India. Therefore, we find sufficient force in the submission made by the petitioners. 19. In view of the above, this Court comes to the conclusion that since the U.G.C. has approved the pay scale of Demonstrators/Tutors, they shall be given financial benefits as admissible to them. Accordingly, the writ petition is allowed. It is directed that the pay scale of the members of the petitioners Association will be fixed notionally and annual increment will be allowed till 01.01.1986, but no financial benefit will be given from 01.01.1986 to 01.01.1996. It is further directed that the scale of pay of the Tutors i.e. Rs. 1740 - 3000/- and the scale of pay of Demonstrators Rs. 2200-4000/-, who have reached at the stage of Rs. 2700/-, shall be fixed w.e.f. 10.01.1986. It is further directed that the employees are also entitled to get revised scale of pay introduced by the UGC w.e.f. 01.01.1996 with the corresponding pay scale of Rs. 5500-9000/- (1740-3000) and Rs. 8000-13500/- (2200-4000). It was brought to our notice that the Demonstrators are being paid a consolidated salary of Rs. 7500/-. We direct that their pay scale will be revised as per the direction of this Court within three months and the differential salary be disbursed in their favour. In view of disposal of O.J.C. No. 1088 of 2000, O.J.C. No. 13156 of 1998 has become in fructuous and accordingly disposed of. 7500/-. We direct that their pay scale will be revised as per the direction of this Court within three months and the differential salary be disbursed in their favour. In view of disposal of O.J.C. No. 1088 of 2000, O.J.C. No. 13156 of 1998 has become in fructuous and accordingly disposed of. With such observation, this writ application is disposed of. B.P. DAS, J. I agree. Order accordingly.