JUDGMENT : 1. By way of present petition invoking Article 226 of the Constitution of India, the petitioners herein have prayed for the following reliefs: “(A) That this Hon’ble Court, be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding the Respondents to pay the petitioners salary as per the recommendations of the 6th Pay Revision i.e. in the pay band of Rs.15600-39100 with a pay grade of Rs.5400. (AA) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, quashing and setting aside order dated 8.12.2022 passed by the respondent no.1 and direct the respondents to grant pay scale of Rs.15600-39100 to the petitioners under the 6th Pay Commission and pay arrears accordingly forthwith. (B) That this Hon’ble Court, be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding the Respondents to pay the petitioners the arrears of salary as per the recommendations of the 6th Pay Revision since 1st January, 2006 with interest accrued thereon. (C) That this Hon’ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, commanding the Respondents to pay the petitioners the difference in salary paid to the petitioners along with interest since the implementation of the sixth pay revision i.e. pay scale of 9300-34800 Grade Pay 5400 in place of pay scale of 15600-39100 Grade Pay 5400 as fixed by the State Government as per the recommendations of the sixth pay commission.” 2. The petitioners herein are serving as Assistant Registrar with the Veer Narmad South Gujarat University (for short ‘VNSGU’) – the respondent No.3 herein; having been appointed upon undergoing due procedure of recruitment vide letter dated 15.10.2008 on regular pay scale of 8000-235-13500 as fixed by the fifth pay commission for the post of Assistant Registrar. 2.1 The Department of Ministry of Higher Education, Human Resource Development, Government of India, by Notification No.I-32-/2006-U.II/U-I(ii), dated 31.12.2008 directed the University Grant Commission (for short ‘UGC’) for revision of pay scale of central government employees pursuant to the recommendation of the 6th pay commission, the Ministry of Finance. 2.1 The Department of Ministry of Higher Education, Human Resource Development, Government of India, by Notification No.I-32-/2006-U.II/U-I(ii), dated 31.12.2008 directed the University Grant Commission (for short ‘UGC’) for revision of pay scale of central government employees pursuant to the recommendation of the 6th pay commission, the Ministry of Finance. Under the said Notification, the post of Assistant Registrar has been put in pay band of 15600-39100 with pay grade of 5400 under clause (iii)(a) of the of the said Notification. 2.2 The respondent – State through the Education Department implemented and sanctioned the 6th pay commission for the respondent No.3 – VNSGU vide Government Resolution No.dgy/1208/4169/kh, dated 14.10.2009 from 01.01.2006 on scale to scale basis duly produced at Annexure – C, page 27 to the petition whereby, there are two posts of Assistant Registrar appears at Sr.No.8, page 37 to the petition, placing them as against 8000-13500 pay scale of 5th pay commission; to the corresponding pay scale of 9300-34800 with grade pay 5400 as per the 6th pay commission. Even though, the scale fixed by the Government is 15600-39100 grade pay of 5400 as per the 6th pay commission. 2.3 It is the case of the petitioners that the Education Department of the respondent – State implemented and sanctioned the recommendations of the 6th pay commission for Gujarat University, Ahmedabad vide Government Resolution No.gjy/1208/4164/kh, dated 15.01.2010 from 01.01.2006 on scale to scale basis wherein, the pay scale of Assistant Registrar has been extended to 15600-39100, grade pay 5400 as per the 6th pay commission against 8000-13500 scale of 5th pay commission, which is duly produced at Annexure – D, page 38 to the petition. Similarly, the Education Department of the respondent – State implemented and sanctioned the recommendation of the 6th pay commission for Maharaja Sayajirao University, Vadodara, vide Government Resolution No.msy/1208/4165/kh, dated 03.09.2010 duly produced at Annexure – E, page 49 to the petition, by extending the identical pay scale as that of Gujarat University, Ahmedabad, duly produced at Sr. No.9 to the Appendix -A, page 42 to the petition. 2.4 Further, the Education Department of the respondent – State sanctioned various administrative positions of Indian Institute of Teacher Education, Gandhinagar (University) and Dr. Babasaheb Ambedkar Open University, Ahmedabad, including the post of Assistant Registrar in the pay scale of 15600-39100, grade pay 5400 as per the recommendations of the 6th pay commission. 2.4 Further, the Education Department of the respondent – State sanctioned various administrative positions of Indian Institute of Teacher Education, Gandhinagar (University) and Dr. Babasaheb Ambedkar Open University, Ahmedabad, including the post of Assistant Registrar in the pay scale of 15600-39100, grade pay 5400 as per the recommendations of the 6th pay commission. A copy of advertisement downloaded from the University Website is duly produced at Annexure – F colly. 2.5 The petitioners herein made repetitive representations, oral as well as written to the Education Department and the Hon’ble Minister of Education, State of Gujarat, to resolve the anomaly of pay scale between the Assistant Registrar of the respondent No.3 – VNSGU and the pay scale extended to the Assistant Registrar of the other Universities; by extending the pay scale of 15600-39100, grade pay 5400 scale as per the recommendations of the 6th pay commission against 8000- 13500 scale of the 5th pay commission. Letters by the Registrar of the respondent No.3 – VNSGU to the Secretary, Education Department, dated 27.08.2011 and 07.07.2012 requesting the respondent No.1 to remove the said anomaly are duly produced at Annexure – G colly. The Education Minister forwarded the applications to remove the anomaly of pay scale, as referred above, vide letter No.VIP-7100 dated 25.08.2011 and letter No.VIP-7612 dated 03.11.2011 duly produced at Annexure – H colly to the petition. The aforesaid led to the cause of action for filing the present petition for the reliefs as referred above. 3. Notice came to be issued on 10.01.2013. Pending the present petition, a common order came to be passed qua the captioned petition and the Special Civil Application No.6694 of 2015 dated 21.01.2022 duly produced at Annexure – I, page 62/A to the petition wherein, pursuant to the communication dated 20.01.2022 written by the Deputy Secretary, Education Department of the Vice Chancellor of the respondent No.3 – University, upon instructions, it was submitted that if the respondent No.3 – University were to make a fresh proposal, the same was directed to be decided finally within a period of four weeks and communicate to the respondent University and to the petitioners. It was further directed that the said communication be placed on record. It is apposite to refer to the said order dated 21.01.2022 which reads thus: “1. It was further directed that the said communication be placed on record. It is apposite to refer to the said order dated 21.01.2022 which reads thus: “1. Pursuant to the order dated 10.01.2022 passed by this Court, learned Assistant Government Pleader has forwarded a communication dated 20.01.2022 written by the Deputy Secretary, Education Department to the Vice Chancellor of Vir Narmad South Gujarat University, Surat. The same is ordered to be taken on record. 2. Learned AGP, upon instructions, has submitted that if the University makes a fresh proposal, the same will be forwarded to the Finance Department for taking appropriate action. 3. Under the circumstances, in light of the communication dated 20.01.2022, the University shall forward appropriate proposal with regard to sanction of pay of the petitioner to the Finance Department i.e. respondent Nos.1 and 2. It is clarified that the aforesaid proposal shall be considered appropriately by the respondent authorities and in case of any difficulty, it will be open for the respondent authorities to call for necessary clarification however, no fresh proposal shall be sent since it is reported by the learned AGP that the earlier proposals, which were sent by the University are misplaced. After proposal is received by the respondent Education Department, it is directed that the same shall be forwarded within a period of two weeks to the Finance Department. The Finance Department shall thereafter, finally decide the proposal within a period of four weeks and communicate to the respondent University and to the petitioner. The aforesaid communication including the proposal and decision taken by the respondent authority shall be put on record by way of an affidavit by the respondent No.1. 4. The matter is adjourned to 21.03.2022. Registry to notify the matter in the regular board. 5. Registry to place a copy of this order in the connected matter.” 3.1 By further order dated 21.03.2022, further time of four weeks was granted in view of the fact that it appeared that the Finance Department sought details of the pay-scale of the concerned posts from other Universities, so that there would not be further pay anomaly amongst the employees. It is apposite to refer to the said order dated 21.03.2022, which reads thus: “1. Pursuant to the order dated 21.01.2022, the concerned officer Ms.Arpita M. Barot, Deputy Section Officer, Education Department, is present before this Court. 2. It is apposite to refer to the said order dated 21.03.2022, which reads thus: “1. Pursuant to the order dated 21.01.2022, the concerned officer Ms.Arpita M. Barot, Deputy Section Officer, Education Department, is present before this Court. 2. Learned AGP Mr.Rohan Shah, on instructions, has submitted that after the order was passed, the Finance Department has undertaken an exercise for verification of the pay-scale of Assistant Registrars and Librarians and details have been sought for from six Universities. He has submitted that he would like to file an additional affidavit-in-reply bringing on record the aforesaid facts. 3. By the order dated 21.01.2022, this Court had directed the Finance Department to decide the proposal sent by the respondent- University within a period of 04 weeks and communicate to the respondent-University. It appears that, the Finance Department has sought details of the pay-scale of the concerned posts from other Universities, so that there may not be further pay anomaly amongst the employees. 5. Learned AGP Mr.Shah has submitted that further time would be needed, in order to see that the details are received from the concerned Universities so that appropriate orders fixing the pay-scale of the posts in question can be passed. 6. In order to see the progress in the matters, the matters are kept on 20.04.2022. Learned AGP shall apprise the status of the further proceedings on the next date of hearing.” 3.2 By the impugned order dated 08.12.2022, which is duly produced at Annexure – K, page 62/E, the respondent – State declined to consider the proposal of the respondent No.3 – University of extending the pay scale of 15600-39100, grade pay 5400 as per the recommendation of the 6th pay commission instead of 9300-34800, grade pay 5400. The said order is subject matter of challenge by way of amendment which came to be granted. 3.3 It is apposite to refer to the said order dated 08.12.2022 which came to be passed taking into consideration the Government Resolution dated 14.10.2009 being No.dgy/1208/4169/kh and the directions issued by the common oral orders dated 21.01.2022 and 21.03.2022 passed in Special Civil Application No.98 of 2013 and 6694 of 2013. 3.3 It is apposite to refer to the said order dated 08.12.2022 which came to be passed taking into consideration the Government Resolution dated 14.10.2009 being No.dgy/1208/4169/kh and the directions issued by the common oral orders dated 21.01.2022 and 21.03.2022 passed in Special Civil Application No.98 of 2013 and 6694 of 2013. The said order reads thus: (true translation) “Government of Gujarat No.DGY – 1218 – 88 – 47 – KH.2 Education Department, Sardar Bhavan, Secretariat, Block No.5, Seventh Floor, Gandhinagar Date: 08/12/2022 Read: 1) Resolution No.DGY/1208/4169/KH dated 14/10/2009 of the Education Department; 2) Common Oral Order dated 21/01/2022 and 21/03/2022 in SCA No.98/2013 and 6694/2013 of the Hon’ble High Court of Gujarat. Preamble: Mr. Hitesh Devjibhai Vaghela and Mr.Prakashchandra Chimanbhai Bacharwala, petitioners herein were appointed as the Assistant Registrars at Veer Narmad Dakshin Gujarat University in the Pay Scale of Rs.8000-275-13500 on 15/10/2008. Pays as per the Sixth Pay Commission of the non-teaching staff of Veer Narmad Dakshin Gujarat University, Surat were sanctioned in consultation and with sanction of Finance Department vide Resolution No.DGY/1208/4169/KH dated 14/10/2009 of the Education Department. The Pay scale of Rs.9300-34800, Grade Pay Rs.5400/- (Level-9) in The Sixth Pay Commission has been sanctioned against Pay Scale of Rs.8000-275- 13500 of the Fifth Pay Commission in the cadre of Assistant Register of the aforesaid University by the said resolution. Both the said petitioners have demanded that instead of Pay scale of Rs.9300-34800, Grade Pay Rs.5400/- (Level-9) sanctioned in The Sixth Pay Commission against Pay Scale of Rs.8000-275-13500 of the Fifth Pay Commission, they may be granted the Pay scale of Rs.15600-39100, Grade Pay Rs.5400/- (Level-10) in The Sixth Pay Commission against the Pay Scale of Rs.8000-275-13500 of the Fifth Pay Commission same in the manner fixed for the staff in the cadre of the Assistant Registrar in other universities such as MS University, Gujarat University, IITE Gandhinagar University and Dr.Babasaheb Ambedkar Open University. Similarly, their pay scale may also be fixed to Rs.15600-39100, Grade Pay Rs.5400/- (Level-10) instead of Rs.9300- 34800, Grade Pay Rs.5400/- (Level-9). Mr. Similarly, their pay scale may also be fixed to Rs.15600-39100, Grade Pay Rs.5400/- (Level-10) instead of Rs.9300- 34800, Grade Pay Rs.5400/- (Level-9). Mr. Hitesh Devjibhai Vaghela and Mr.Prakashchandra Chimanbhai Bacharwala have filed SCA No.98/2013 and 6694/2013 before the Hon’ble High Court for their aforesaid demand and prayed for the Pay-scale of Rs.15600-39100, Grade Pay Rs.5400/- (Level-10) instead of Pay-scale of Rs.9300-34800, Grade Pay Rs.5400/- (Level-9) and the amount of arrears with interest thereon to the Assistant Registrar of the Veer Narmad Dakshin Gujarat University w.e.f. 01/01/2006, the date of implementation of The Sixth Pay Commission. 3. Below direction was given vide the common oral order dated 21/01/2022 of the Hon’ble High Court in S.C.A. No.98/2013 and 6694/2013. The operative part of the same is as under. "...3. Under the circumstances, in light of the communication dated 20.01.2022, the University shall forward appropriate proposal with regard sanction of pay of the petitioner to the Finance Department ie. respondent Nos. 1 and 2. It is clarified that the aforesaid proposal shall be considered appropriately by the respondent authorities and in case of any difficulty, it will be open for the respondent authorities to call for necessary clarification however, no fresh proposal shall be sent since it is reported by the learned AGP that the earlier proposals, which were sent by the University are misplaced. After proposal is received by the respondent-Education Department, it is directed that the same shall be forwarded within a period of two weeks to the Finance Department. The Finance Department shall thereafter, finally decide the proposal within period of four weeks and communicate to the respondent University and to the petitioner. The aforesaid. Communication including the proposal and decision taken by the respondent authority shall be put on record by way of an affidavit by the respondent No.1..…" Pursuant to the above order of the Hon’ble High Court, documents were submitted to the Finance Department for the decision, pursuant to the same, below direction was given by the Hon’ble High Court vide the common oral order dated 21/03/2022. 2. Learned AGP Mr.Rohan Shah, on instructions, has submitted that after the order was passed, the Finance Department has undertaken an exercise for verification of the pay-scale of Assistant Registrars and Librarians and details have been sought for from six Universities. He has submitted that he would like to file an additional affidavit-in- reply bringing on record the aforesaid facts. 2. Learned AGP Mr.Rohan Shah, on instructions, has submitted that after the order was passed, the Finance Department has undertaken an exercise for verification of the pay-scale of Assistant Registrars and Librarians and details have been sought for from six Universities. He has submitted that he would like to file an additional affidavit-in- reply bringing on record the aforesaid facts. 3. By the order dated 21.01.2022, this Court had directed the Finance Department to decide the proposal sent by the respondent- University within a period of 04 weeks and communicate to the respondent University. It appears that, the Finance Department has sought details of the pay-scale of the concerned posts from other Universities, so that there may not be further pay anomaly amongst the employees. Pursuant to the aforesaid two orders of the Hon’ble High Court, the papers were sent to the Finance Department for taking a decision and after consultation/decision of the Finance Department, the following reasons have been stated as to why the applicant’s demand cannot be accepted. Shri Hitesh Devjibhai Vaghela and Shri Prakashchandra Chimanbhai Bacharwala had been appointed as the Assistant Registrars on Pay-Scale of Rs.8,000 – 275 – 13,500 through a Direct Recruitment under the order dated 15/10/2008 of the Vir Narmad Dakshin University. The Pay-Scale of Rs.8,000 – 275 – 13,500 has been clearly mentioned in the stated order. Both the employees have accepted their appointments on the Pay-Scale. The proposal as to pay-revision as per the Sixth Pay Commission for the non-academic staff of the university has been moved vide the letter dated 02/04/2009 of the Vir Narmad Dakshin University, Surat, wherein the Pay-Scale of Rs.8000 – 275 – 13,500 for Assistant Registrar has been proposed to revise as PB2 Rs.9,300 – 34,800 Grade Pay Rs.5400/-. With regard to parity in Pay-Scale with Registrars of other universities, it is to state that equal pay cannot be claimed on the basis of same nomenclature of posts. At the time of determining a Pay-Scale, ancillary rules to recruitment rules of respective cadre, educational qualifications, nature of work, operation area, work-load, horizontal and vertical relativity, responsibility, administrative structure etc. are being taken into consideration and a Pay-Scale is sanctioned accordingly. At the time of determining a Pay-Scale, ancillary rules to recruitment rules of respective cadre, educational qualifications, nature of work, operation area, work-load, horizontal and vertical relativity, responsibility, administrative structure etc. are being taken into consideration and a Pay-Scale is sanctioned accordingly. Only because the educational qualification is higher or responsibility is similar or higher, a comparison with other cadre cannot be drawn and making a demand for equal-pay on the basis thereof does not seem to be appropriate. If the Pay-Scale as demanded by the applicant is sanctioned, there is a possibility that more demands/considerations for payrevision of Assistant Registrars of other universities may arise. Thus, on considering all the aspects, the employees have joined the services after clearly understanding the service-benefits. Therefore, drawing a comparison with Pay-Scale/Higher Pay of other cadre after joining the services is inappropriate. Therefore, in view of the aforesaid facts and in pursuance with the advice/decision of the Finance Department, the following order is being issued. ORDER It is, therefore, ordered that, the demand as to sanction the payrevision to Pay-Scale of Rs.15,600 – 39,100 Grade Pay 5,400/- instead of pay-revision to the Sixth Pay Commission Pay-Scale of Rs. 9,300 – 34,800 Grade Pay Rs.5400/- (Level 9) from the Fifth Pay Commission Pay-Scale of Rs. 8,000 – 275 – 13500 of the applicants Shri Hitesh Devjibhai Vaghela and Shri Prakashchandra Chimanbhai Bacharwala, Assistant Registrars, Vir Narmad Dakshin Gujarat University, Surat is rejected as per the rules.” 4. Mr. Shivang Thacker, learned advocate appearing for the petitioners herein, reiterated the facts as referred above and submitted that the petitioners herein were appointed in the regular pay scale of 8000-275-13500 as per the 5th pay commission in the year 2008 and that, the said pay scale was the same for all the Universities in the State of Gujarat. It is submitted that the UGC fixed the pay scale of the post of Assistant Registrar in the Universities under 6th pay commission in the pay scale of 15600-39100, grade pay 5400 against the pay scale of 8000-275-13500 under the 5th pay commission. It is submitted that the respondent – State while granting the 6th pay commission benefits, accordingly extended the benefits of the pay scale of 15600-39100, grade pay 5400, to the Gujarat University, M.S. University and other Universities however, the same was not granted to the petitioners. 4.1 Mr. It is submitted that the respondent – State while granting the 6th pay commission benefits, accordingly extended the benefits of the pay scale of 15600-39100, grade pay 5400, to the Gujarat University, M.S. University and other Universities however, the same was not granted to the petitioners. 4.1 Mr. Thacker, learned advocate submitted that the respondent No.3 – University in its proposal sent to the State Government on 14.05.2009 had committed an error fixing the pay scale for the post of Assistant Registrar in the pay scale of 9300-34800 which was accepted by the respondent – State. It is submitted that the respondent No.3 – University thereafter, pursuant to the order dated 21.01.2022 passed by this Court, made a fresh proposal to the respondent – State for grant of pay scale of 15600-39100 to the petitioners which has been rejected. 4.2 Reliance is placed on the communications by the respondent No.3 – University dated 08.09.2010, 07.07.2012, 27.08.2011 requesting to remove the anomaly in fixing the pay scale of the Assistant Registrar whereby, it was proposed to place the Assistant Registrar in the pay scale of 9300-34800, grade pay 5400, which is duly produced at page 56 - 59 to the petition. Reliance is also placed on the communications by the Education Minister, dated 25.08.2011, 03.11.2011 duly produced at Annexure – H colly, page 61-62 to the petition. Placing reliance on the aforesaid, it is submitted that the aforesaid communications were not considered by the respondent – State. 4.3 Mr. Thacker, learned advocate submitted that pending the present petition, by impugned order dated 08.12.2022, the proposal sent by the respondent No.3 – University was erroneously rejected mainly on the ground that the respondent No.3 - University in its proposal dated 02.04.2009 recommended the pay scale of 9300-34800 however, thereafter the University has issued various communications to rectify the said error. It is submitted that the respondent – State has further committed an error in not accepting the proposal of the respondent No.3 – University on the ground that while fixing the pay scale existing rules, educational qualification, type of work, area of work, work load, horizontal and vertical relativity, accountability, administrative structure etc. are to be taken into consideration and accordingly, corresponding pay scale is sanctioned. are to be taken into consideration and accordingly, corresponding pay scale is sanctioned. Just because of higher educational qualification or almost equal or more responsibility which are comparing with other post, it is not appropriate to demand an equivalent pay scale. It is submitted that the said impugned order is without application of mind and misleading because the petitioners are not seeking the benefit of pay scale during appointment. It is submitted that the ground which are considered by the respondent – State are applicable while sanctioning of new post and the pay scale thereon. It is submitted that in the facts of the present case, it is a matter of fixing of pay scale under new pay commission on scale to scale basis and not a pay scale at the time of recruitment. It is submitted that the pay scale for the post of Assistant Registrar in all the Universities and minimum qualification are determined by the UGC and the same has been considered by the respondent – State and thereafter, the pay scale has been granted to the employees of all the other Universities. 4.4 Mr. Thacker, learned advocate submitted that in the 5th pay commission, the pay scale of Assistant Registrar of all the Universities of the Gujarat State is 8000-275-13500 and the State Government granted 15600-39100, grade pay 5400 under the 6th pay commission on scale to scale basis to some of the other Universities. It is submitted that the respondent No.1 therefore, cannot discriminate and deprive the petitioners of the pay scale to which, the petitioners are legitimately entitled to, relying on the mistake committed by the University at the relevant point of time. It is submitted that on one hand, the respondent – State on oath has stated that the proposal which has been given and thereafter, the University has been communicating since last more than 10 years with the State Government to grant the pay scale. It is submitted that the reasons given for rejecting the proposal are not in accordance with law. It is submitted that the petitioners herein are legitimately entitled to the pay scale of 15600-39100 with grade pay of 5400 as per the 6th pay commission and in view thereof, the prayers as prayed for in the present petition, be allowed. 5. Ms. It is submitted that the petitioners herein are legitimately entitled to the pay scale of 15600-39100 with grade pay of 5400 as per the 6th pay commission and in view thereof, the prayers as prayed for in the present petition, be allowed. 5. Ms. Pooja Ashar, learned AGP appearing for the respondent Nos.1 and 2, relied on the affidavit-in-reply duly produced at page 63 and 179 respectively to the petition. Ms. Ashar, learned AGP has also placed on record written submissions on behalf of the respondent – State. Reliance is also placed on page 69, Annexure – R1 whereby, the petitioners are included at serial No.8 wherein, the existing pay scale of the petitioners was 8000-275-13500 in the PB – II and the proposed revised pay scale w.e.f. 01.01.2006 as per the 6th pay commission is 9300-34800 with grade pay of 5400. It is submitted that it is only thereafter that the proposal was forwarded to the Commissioner on 18.04.2009 which was subsequently forwarded to the department on 14.05.2009 and after granting requisite approval by the Finance Department on 07.10.2009, the respondent – State approved the pay scale of the petitioners as per the 6th pay revision on the proposal sent by the respondent No.3 – University. It is submitted that in absence of a specific proposal, the respondent – State authorities are not in a position to decide and pay the said pay scale as demanded by the petitioners. 5.1 Ms. Ashar, learned AGP further submitted that the petitioners claim that as many as 20 Universities grant the pay scale of 15600-39100 + 5400 grade pay to the Assistant Registrar. To substantiate the same, reliance is placed on the table produced by the respondent No.2 at page 181 in paragraph 6. Reliance is also placed on paragraphs 7 to 14 of the Additional Affidavit-in-reply filed by the respondent No.2 herein. Placing reliance on the same, it is submitted that the anomaly in sanctioning the pay scale of 15600-39100 with grade pay of 5400 to the post of Assistant Registrar is forwarded to the Education Department by communication dated 20.01.2024, 19.04.2024 and 20.04.2024. 5.2 Ms. Ashar, learned AGP submitted that the office of the respondent No.2 has already initiated corrective measures and therefore, the parity claimed by the petitioners stands negated. 5.2 Ms. Ashar, learned AGP submitted that the office of the respondent No.2 has already initiated corrective measures and therefore, the parity claimed by the petitioners stands negated. It is submitted that in absence of any fundamental rights of the petitioners being abreached by the impugned action taken by the respondent – State, the present petition is required to be dismissed on the aforesaid ground alone. It is submitted that no interference is called for in the impugned order dated 08.12.2022 passed by the respondent – State rejecting the proposal of equivalence, which is challenged by the petitioners by way of amendment. 5.3 Placing reliance on the Government Resolution dated 12.02.2009, it is submitted that the revision of pay was on the scale to scale basis and it was upon the receipt of proposal from each of the University that the GRs recommending 6th pay commission pay scales of the Universities are individually published. Such GRs classifies pay scale of Class – II and Class – I Officers distinctively. It is submitted that the petitioners are Class – II, Assistant Registrar as per the respondent No.3 – University and are scaled in PB – II since the date of their appointment. It is undisputed that as per the Government Resolution dated 12.02.2009, the Class- II and Class – I pay positions were distinctively identified for granting the revised pay scale. Under such circumstances, the petitioners are rightly granted PB – II being 9300-34800 at the post of Assistant Registrar, Class- II, and no interference can be called for in the decision dated 08.12.2022 as challenged by the petitioners herein. 5.4 Ms. Ashar, learned AGP also placed reliance on 2015 (3) SCC 653 in case of Secretary, Department of Personnel vs. T.V.L.N. Mallikarjuna Rao, 2023 (3) Scale 157 in case of Union of India vs. Navy Civilian Design Officers, 2023 [0] JX (Guj) 271 in case of Manishkumar Prahladbhai Patel vs. State of Gujarat. Placing reliance on the aforesaid decisions, it is submitted that the pay structure comes within the exclusive domain of the executive and the Courts of competent jurisdiction cannot sit in appeal over the same. 6. Mr. P.A. Jadeja, learned advocate appearing for the respondent No.3 – VNSGU, supported the submissions advanced by Mr. Shivang Thacker, learned advocate appearing for the petitioners. Mr. 6. Mr. P.A. Jadeja, learned advocate appearing for the respondent No.3 – VNSGU, supported the submissions advanced by Mr. Shivang Thacker, learned advocate appearing for the petitioners. Mr. Jadeja, learned advocate placed reliance on the affidavit-in-reply duly produced at page 113 and submitted that the Education Department of the respondent No.1 extended the pay scale of 9300-34800, grade pay 5400 as per the 6th pay commission against the pay scale of 8000-13500 of the 5th pay commission based on the proposal sent by the respondent No.3 – University. It is submitted that the respondent No.3 requested the respondent – State to remove the anomaly of the pay scale of Assistant Registrar of the respondent No.3 – University and to extend 15600-39100, grade pay 5400 as per the 6th pay commission by letters/communications Nos.gn/esta/9725/2010 dated 08.09.2010, No.gn/esta/9303/2010 dated 27.08.2011, No.gn/esta/7485/2012 dated 07.07.2012, which are duly produced at Annexure – G colly. 6.1 Mr. Jadeja, learned advocate submitted that the respondent No.3 – University further requested the Education Department to remove the aforesaid anomaly by letter dated 06.04.2015 with a table of pay scale of Assistant Registrar of other Universities of the Gujarat State, which is duly produced at page 118, Exhibit – I. It is submitted that thereafter, the office of Commissioner of Higher Education asked all the Universities to provide various information regarding anomaly in the pay scale of Assistant Registrar vide letter No.CHE/ISC-7/Uni/2015/13418-430 dated 06.11.2015 with clear opinion of anomaly. The said communication dated 06.11.2015 is duly produced at Exhibit -II. It is submitted that the respondent No.3 – University provided the requisite information vide letter No.gn/esta/17061/2015 dated 16.11.2015 with clear opinion/recommendation to extent the aforesaid pay scale to the Assistant Registrar of the respondent No.3 – University, which is duly produced at Exhibit -III, page 121. 6.2 Mr. Jadeja, learned advocate submitted that the office of Commissioner of Higher Education asked all the Universities to provide the amount of expenditure if 15600-39100, grade pay 5400 is extended to the Assistant Registrar vide letter No.CHE/ISC-7/Uni/2017/6679-84 dated 27.03.2017, which is duly produced at Exhibit – IV. 6.2 Mr. Jadeja, learned advocate submitted that the office of Commissioner of Higher Education asked all the Universities to provide the amount of expenditure if 15600-39100, grade pay 5400 is extended to the Assistant Registrar vide letter No.CHE/ISC-7/Uni/2017/6679-84 dated 27.03.2017, which is duly produced at Exhibit – IV. It is submitted that the respondent No.3 – University provided the said information vide letter No.gn/esta/5554/2017 dated 31.03.2017 to the office of Commissioner of Higher Education duly produced at Exh.V. It is submitted that the respondent No.3 – University recommended that the petitioners should get the benefit of 15600-39100, grade pay 5400 as per 6th pay commission against the pay scale of 8000-13500 as per the 5th pay commission as per the benefit extended to the Assistant Registrars of Gujarat University, M.S. University of Baroda and other Universities of the State. It is submitted that though various representations were made by the respondent No.3 – University to the State Authorities from 2010 to 2015 to rectify the anomaly that had occurred while sending the 1st proposal to the respondent – State and in view thereof, delay cannot be attributed to the respondent – University and the respondent – State be directed to grant the pay scale of 15600-39100, grade pay 5400 as per the 6th pay commission analogously to the scale extended to the other Universities of the State. 7. Mr. Shivang Thacker, learned advocate appearing for the petitioners, in rejoinder, reiterated the contentions raised earlier and also submitted that the contentions taken by the respondent – State in the written submissions may not be taken on record in light of the fact that they do not form part of their affidavit-in-reply filed by the respondent – State. 7.1 Answering the contention raised by Ms. 7.1 Answering the contention raised by Ms. Ashar, learned AGP appearing for the respondent – State that the respondent No.3 - University has placed the petitioners in PB -II wherein, as per the Government Resolution dated 12.02.2009, the pay scale included for those in PB – II is 9300 – 34800, grade pay of 5400, placing reliance on the appointment order of the petitioners which is duly produced at Annexure- A dated 15.10.2008, it is submitted that though it is not in dispute that the petitioners are appointed as Assistant Registrar in the pay scale of 8000-275-13500 with other allowances admissible to full time employee of the respondent No.3 – University from time to time subject to verification. The aforesaid appointment order dated 15.10.2008 does not indicate that the petitioners are appointed in Pay Band – II. It is submitted that it is an anomaly in the proposal forwarded by the respondent No.3 – University placing the petitioners in pay scale of 9300-34800, grade pay 5400 as per 6th pay commission corresponding to the pay scale of 8000-13500 as per 5th pay commission. 7.2 Mr. Thacker, learned advocate further submitted that the petitioners herein are seeking the benefit of the pay scale on the basis of UGC which is extended to the other Universities of the State for the post of Assistant Registrar under the 6th pay commission in the pay scale of 15600-39100, grade pay of 5400. It is submitted that in the Central University in Gujarat and Sardar Vallabhbhai National Institute of Technology which are controlled by the Central Government also, the same pay scale is paid to the Assistant Registrars. Reliance is placed on the Universities out of State of Gujarat wherein, the pay scale of Assistant Registrars is on the basis of UGC. It is submitted that in view of the aforesaid, the present petition is required to be allowed and the respondents be directed to revised the pay scale of the petitioners as per the UGC Notification. 7.3 Mr. Thacker, learned advocate placed reliance on the advertisement and submitted that the respondent – State has also approved corresponding 7th pay scale. It is submitted that in view of the aforesaid, the present petition is required to be allowed and the respondents be directed to revised the pay scale of the petitioners as per the UGC Notification. 7.3 Mr. Thacker, learned advocate placed reliance on the advertisement and submitted that the respondent – State has also approved corresponding 7th pay scale. It is submitted the respondent – State has changed its stance pending the present petition wherein, at the time when the interim order came to be passed on 21.01.2022, the learned AGP had stated that the University were to make a fresh proposal, the same would be forwarded to the Finance Department to take appropriate action. It is submitted that the respondent No.3 – University accordingly also moved a fresh proposal for grant of the aforesaid pay scale as per the UGC however, upon such proposal having been forwarded by the respondent No.3 – University, the respondent – State rejected the said proposal by the impugned order dated 08.12.2022. It is lastly submitted that for an anomaly created by the respondent No.3 – University in forwarding an erroneous proposal, the petitioners cannot be deprived of the pay scale by the UGC as per the 6th pay commission. In view thereof, the prayers as prayed for in the present petition are required to be allowed. Analysis:- 8. Having heard the learned advocates appearing for the respective parties, the following emerge: 8.1 The petitioner herein came to be appointed on the post of Assistant Registrar with the Veer Narmad South Gujarat University (VNSGU) vide letter dated 15.10.2008 in the pay scale of 8000-235-13500 as per the 5th pay commission. The Department of Ministry of Higher Education, Human Resource Development, Government of India, issued Notification dated 31.12.2008 No.1-32/2006-U.II/U-I(ii) with respect to the revision of pay scales of the central government employees in pursuance to the recommendations of the 6th pay commission, which included the post of Assistant Registrar for revision of pay scale of 15600-39100 as per 6th pay commission. The said Notification dated 31.12.2008 is duly produced at Annexure – B to the petition. The relevant part of the said Notification with respect to the post of Assistant Registrar reads thus: “(iii) Assistant Registrar/Assistant Finance Officer/Assistant Controller of Examination (a) These posts shall be in the Pay Band of Rs. 15600-39100 with a Grade Pay of Rs. 5400. The said Notification dated 31.12.2008 is duly produced at Annexure – B to the petition. The relevant part of the said Notification with respect to the post of Assistant Registrar reads thus: “(iii) Assistant Registrar/Assistant Finance Officer/Assistant Controller of Examination (a) These posts shall be in the Pay Band of Rs. 15600-39100 with a Grade Pay of Rs. 5400. (b) The existing minimum qualifications prescribed for direct recruitment for the post of Assistant Registrar and equivalent, which are Master's Degree with at least 55% of the marks or its equivalent grade of 'B' in the UGC 7pt scale along with a good academic record, as laid down by UGC, shall continue to be in force. (c) All direct recruitment to posts of Assistant Registrar and equivalent posts shall be made as per existing procedure. (d) The existing pattern of 50% of the posts at this level being filled through promotion from the lower grades shall continue. The minimum educational qualifications mentioned above shall not apply in the case of promotion. (e) Assistant Registrar and equivalent posts shall be eligible for the higher Grade Pay of Rs. Rs.6600 within the Pay Band of Rs. 15600- 39100 after 8 years of service provided, as currently required, they have participated in two training programmes on Education Administration, each, of approximately four weeks' duration and their performance appraisal reports are consistently satisfactory. The higher Grade Pay of Rs.6,600 shall be restricted, as at present, in the case of promotion to senior scale of these posts, to 50% of total strength of Assistant Registrars or their equivalent grades, as the case may be. (f) Appropriate regulations shall be issued by the University Grants Commission in this regard. (g) The age of superannuation of Assistant Registrar/Assistant Finance Officer/Assistant Controller of Examination, shall continue to be 60 (sixty) years as at present. 2. Pay 'fixation formula’: The pay 'fixation formula' recommended by 6th Central Pay Commission as accepted by the Central Government shall be adopted. 3. Data of implementation of revised pay and allowance and payment of arrears: (i) The revised Pay and revised rates of Dearness Allowance under this Scheme shall be effective from 1.01.2006. The revised rates of all other applicable allowances such as House Rent Allowance, Transport Allowance, Children Education Allowance etc. shall take effect from 1.09.2008. 3. Data of implementation of revised pay and allowance and payment of arrears: (i) The revised Pay and revised rates of Dearness Allowance under this Scheme shall be effective from 1.01.2006. The revised rates of all other applicable allowances such as House Rent Allowance, Transport Allowance, Children Education Allowance etc. shall take effect from 1.09.2008. (ii) Payment of arrears up to 40% of the total arrears shall be made during the current financial year i.e. 2008-09, after deduction of admissible income tax. (iii) An undertaking shall be taken from every beneficiary under this Scheme to the effect that any excess payment made on account of incorrect fixation of pay in the revised Pay Bands or grant of inappropriate Pay Band/Academic Grade Pay or any other excess payment made shall be adjusted against the future payments due or otherwise to the beneficiary in the same manner as provided in this Ministry's O.M. No. F.23-7/2008-IFD dated 23.10.2008. (iv) The revised scales of Pay and applicable allowances including arrears of salary as mentioned above shall be paid to all eligible beneficiaries under this Scheme pending issue of Regulations by the UGC. 3. These orders shall be applicable in all Central Universities and institutions Deemed to be Universities whose maintenance expenditure is met by the UGC. Universities may be advised to amend their statutes and ordinances in line with the Regulations within three months from the date of issue of this letter. 4. Other terms and conditions shall be governed in accordance with the guidelines issued by the Ministry of Finance (Department of Expenditure) vide OM NO.7-23/2008-E.III dated 30.09.2008, regarding revision of the scales of pay of the employees of all the Autonomous/Statutory Bodies/Institutes. In this connection, this Ministry's letter No. 2-1/2008-U.I(A) dated 6.10.2008 refers. 5. Anomalies, if any, in the implementation of this scheme may be brought to the notice of the Department of Higher Education, Ministry of Human Resource Development, for clarification/decision.” 8.2 The respondent No.3 - VNSGU made proposal to the respondent – State dated 02.04.2009 to extend the benefits of the 6th pay commission. 5. Anomalies, if any, in the implementation of this scheme may be brought to the notice of the Department of Higher Education, Ministry of Human Resource Development, for clarification/decision.” 8.2 The respondent No.3 - VNSGU made proposal to the respondent – State dated 02.04.2009 to extend the benefits of the 6th pay commission. 8.3 The Education Department, Gujarat State, implemented and sanctioned the 6th pay commission for the respondent No.3 – VNSGU vide G.R. No.dgy/1208/4169/kh, dated 14.10.2009, from 01.01.2006 on scale to scale basis, which is duly produced at page 27, Annexure – C to the petition wherein, the post of Assistant Registrar figures at serial No.8, with revised pay scale of 9300-34800, grade pay 5400 as per the 6th pay commission as against the pay scale of 8000-13500 as per the 5th pay commission. 8.4 Further, the respondent – University upon realizing the anomaly, issued various communications dated 08.09.2010, 27.08.2011 and 07.07.2012 to the respondent – State to remove the anomaly pointing out to the respondent – State that the pay scale of Assistant Registrar qua other Universities granted is 15600-39100, grade pay 5400. The said communications are duly placed on record at Annexure – F colly to the petition. The Education Minister also addressed letters to the Chief Secretary, Education Department by communications dated 25.08.2011 and 03.11.2011, to do the needful with respect to the anomaly in the pay scale of Assistant Registrar of the respondent No.3 – VNSGU, duly produced at Annexure – H colly. 8.5 Further, by the communication dated 06.11.2015, Exh.II, duly produced at page 120, the respondent – State sought details. The said communication was replied to by the respondent No.3 – VNSGU vide communication dated 16.11.2015, Exh.III, duly produced at page 121. The respondent – State by further communication dated 27.03.2017 duly produced at page 122, again sought details which were duly provided by the respondent No.3 – VNSGU by communication dated 31.03.2017, Exh.V, duly produced at page 124. 8.6 From perusal of the record, it emerges that no action was taken by the respondent – State in-spite of various representations made to the respondent – State by the respondent No.3 – University as well as the Education Minister. The aforesaid inaction on the part of the respondent – State gave rise to the filing of the present petition. 8.6 From perusal of the record, it emerges that no action was taken by the respondent – State in-spite of various representations made to the respondent – State by the respondent No.3 – University as well as the Education Minister. The aforesaid inaction on the part of the respondent – State gave rise to the filing of the present petition. 8.7 Pending the present petition, pursuant to the interim order dated 21.01.2022, the respondent No.3 – VNSGU sent a fresh proposal, which was forwarded to the Finance Department for approval. By decision dated 08.12.2022, the said proposal of the respondent No.3 – VNSGU for grant of pay scale of 15600-39100 qua the post of the Assistant Registrars, has been rejected. The said order is duly produced at Annexure – K, page 62/E to the petition. 8.8 Upon perusal of the impugned order dated 08.12.2022, it emerges that the respondent – State has rejected the proposal mainly on the following grounds: (true translation) Shri Hitesh Devjibhai Vaghela and Shri Prakashchandra Chimanbhai Bacharwala had been appointed as the Assistant Registrars on Pay-Scale of Rs.8,000 – 275 – 13,500 through a Direct Recruitment under the order dated 15/10/2008 of the Vir Narmad Dakshin University. The Pay-Scale of Rs.8,000 – 275 – 13,500 has been clearly mentioned in the stated order. Both the employees have accepted their appointments on the Pay-Scale. The proposal as to pay-revision as per the Sixth Pay Commission for the non-academic staff of the university has been moved vide the letter dated 02/04/2009 of the Vir Narmad Dakshin University, Surat, wherein the Pay-Scale of Rs.8000 – 275 – 13,500 for Assistant Registrar has been proposed to revise as PB2 Rs.9,300 – 34,800 Grade Pay Rs.5400/-. With regard to parity in Pay-Scale with Registrars of other universities, it is to state that equal pay cannot be claimed on the basis of same nomenclature of posts. At the time of determining a Pay-Scale, ancillary rules to recruitment rules of respective cadre, educational qualifications, nature of work, operation area, work-load, horizontal and vertical relativity, responsibility, administrative structure etc. are being taken into consideration and a Pay-Scale is sanctioned accordingly. Only because the educational qualification is higher or responsibility is similar or higher, a comparison with other cadre cannot be drawn and making a demand for equal-pay on the basis thereof does not seem to be appropriate. are being taken into consideration and a Pay-Scale is sanctioned accordingly. Only because the educational qualification is higher or responsibility is similar or higher, a comparison with other cadre cannot be drawn and making a demand for equal-pay on the basis thereof does not seem to be appropriate. If the Pay-Scale as demanded by the applicant is sanctioned, there is a possibility that more demands/considerations for payrevision of Assistant Registrars of other universities may arise. Thus, on considering all the aspects, the employees have joined the services after clearly understanding the service-benefits. Therefore, drawing a comparison with Pay-Scale/Higher Pay of other cadre after joining the services is inappropriate. 8.9 Upon perusal of the aforesaid impugned order, it emerges that the respondent – State failed to assess independently the proposal made by the respondent No.3 and passed the impugned order dated 08.12.2022 placing reliance on the earlier proposal made by the respondent No.3 – VNSGU dated 02.04.2009. It emerges that inspite of the interim order passed in the present petition dated 21.01.2022, the respondent – State has passed the same order declining to consider the proposal of the respondent No.3 – University for grant of pay scale of 15600-39100, grade pay 5400 without assigning any independent reason. 9. At this stage, it is apposite to refer to the list of Universities within the State of Gujarat; having been extended the benefit of the revised pay scale of 15600-39100, with grade pay of 5400 to Assistant Registrar as per the 6th pay commission, duly placed on record by the respondent No.2 along with the additional affidavit-in-reply, which reads thus: Sr. No Name of Universities Pay Scale Remarks/Approval of Pay Scale Department 1 Gujarat Ahmedabad University 15600-39100 + 5400 Education Department Notification No.GJY-1208- 4154-Kh dtd. 15/01/2010 Education 2 The M.S. University of Baroda, Vadodara 15600-39100 + 5400 Education Notification No.MSY-1208-Department 2 4165- Kh dtd.03/09/2010 And Advertisement No.ADE10/02/2020-2021 06/10/2020 Education 3 Babasaheb Ambedkar Open University, Ahmedabad 15600-39100 + 5400 Advertisement Date: 28/09/2012 Education 4 Indian Institute of Teacher Education (IITE), Gandhinagar 15600-39100 + 5400 Advertisement Last date of submission 03/08/2012 Education 5 Shri Govind Guru University, Godhra 15600-39100 + 5400 Employment Notification 6 No.04/2023, Dtd.28/08/2023 Re-advertisement vide Notice No.SGGU/ESTA/10139/2024 Dtd.25/01/2024 Education 6 Somnath Sanskrit University, Veraval 15600-39100 + 5400 Advertisement No.04/2023 Dtd.30/10/2023 Education 7 Gujarat Technological University, Ahmedabad 9300 – 34800 + 5400 15600-39100 + 5400 15600-39100 + 5400 Education Department, Govt. of Gujarat Notification No.GTU/1008/726/s Dtd.07/01/2014 Education Department, Govt. of Gujarat Notification No.TEM/102018/810-s Dtd.17/09/2019 Employment Notice No.18/2020, Date: 20/02/2020 Technical Education 8 Swarnim Gujarat Sports University, Gandhinagar Level – 10 56100-177500 under 7th CPC RTI Proactive Disclosure Youth and Culture 9 Kamdhenu Gandhinagar University 15600-39100 + 5400 Advertisement No.1 of 2014, Last Date of Application 24/12/2014 Agriculture 10 Raksha Shakti Ahmedabad University 15600-39100 + 5400 Advertisement No. and date not-mentioned. applications invited by 21/04/2016, 18.00 hrs. Home 11 Institute of Infrastructure Technology, Research and Management Level-10 56100-177500 under 7th CPC Advt. No.06/2023, Last date of submission of Application 10/08/2023 Technical Education 12 Gujarat Biotechnology University, Gandhinagar Level-10 56100-177500 under 7th CPC Advt. No.GBU-03/2021, Date: 09/07/2021 Science and Technology 13 Central University of Gujarat, Gandhinagar Level-10 56100-177500 under 7th CPC Employment Notification No.CUG/06-2/2022-23, Dtd.03/10/2022 Central Government 14 Sardar Vallabhbhai National Institute of Technology, Surat Level-10 56100-177500 under 7th CPC Advt. No.ESTT./2022/GrA2/3114 Dtd. 15/02/2023 Technical Education 15 Gujarat Forensic Sciences University, Gandhinagar now, National Forensic Sciences University Level-10 56100-177500 under 7th CPC Pro-Active Disclosure Home 16 Gujarat Vidhyapith, Ahmedabad Level-10 56100-177500 under 7th CPC Advt. No.09-2018-2019, Date 21/12/2018 Education 17 Devi Ahilya Vishwavidyalaya, Indore, Madhya Pradesh Level-10 56100-177500 under 7th CPC RTI Pro-Active Disclosure Madhya Pradesh 18 Maharaja Sriram Chandra Bhanja Deo University, Odisha Level-10 56100-177500 under 7th CPC RTI Pro-Active Disclosure Odisha 19 University of Rajasthan, Jaipur 15600-39100 + 5400 Cadre Strength of NonTeaching Employees as on 31/03/2013 Rajasthan 20 University of Mumbai, Mumbai 15600-39100 + 5400 RTI Pro-Active Disclosure Maharashtra 9.1 Upon perusal of the aforesaid, it emerges that the respondent – State has itself stated on oath that the pay scale to the post of Assistant Registrar of various Universities as per the 6th pay commission is 15600-39100 with grade pay of 5400. 9.2 Ms. Pooja Ashar, learned AGP, submitted that it is pursuant to the proposal sent by the respondent No.3 – University wherein, the petitioners are placed in pay band – II. The pay scale as per the Government Resolution dated 12.02.2009 published by the Finance Department for PB- II is 9300-34800 with grade pay of 5400. The said Resolution does not include grant-in-aid Institutions and is also not sent to the Universities. 9.3 Upon perusal of the record, it emerges that individual Government Resolutions are issued with respect to the Universities for grant of pay scale as per 6th pay commission. The said Resolution does not include grant-in-aid Institutions and is also not sent to the Universities. 9.3 Upon perusal of the record, it emerges that individual Government Resolutions are issued with respect to the Universities for grant of pay scale as per 6th pay commission. The said Resolutions are issued by the Education Department governing each of the Universities; each Government Resolution having been issued independently qua each of the Universities. 9.3(a) Further, it also emerges that the aforesaid stance taken by the respondent – State is also required to be considered as it is wherein, the respondent No.3 is denied the grant of pay scale for the post of Assistant Registrar in the pay scale of 15600-39100, grade pay 5400 stating that the University has placed the Assistant Registrar in PB – II. 9.3(b) Upon perusal of the Government Resolution dated 03.09.2010 issued for the Maharaja Sayajirao University, Vadodara, the post of Assistant Registrar figures at Sr. No.16 in PB – II wherein, the pay scale of 15600-39100 with grade pay of 5400 is granted. 10. From perusal of the aforesaid, it emerges that taking the case of the respondent – State as it is; having placed reliance on the Government Resolution issued by the Finance Department dated 12.02.2009 for implementation of the 6th pay commission wherein, the pay scale for PB – II is 9300- 34800 with grade pay of 5400, the Assistant Registrar in the M.S. University placed in PB – II upon perusal of the Government Resolution issued by the respondent – State dated 03.09.2010 being No.msy/1208/4165/kh for Maharaja Sayajirao University, granted the pay scale of 15600-39100 with grade pay of 5400. 11. In light of the aforesaid, the authorities relied upon by Ms. 11. In light of the aforesaid, the authorities relied upon by Ms. Pooja Ashar, learned AGP appearing for the respondent Nos.1 and 2 as referred to in paragraph 5.4 of this order, wherein, it is submitted that the pay structure comes within the exclusive domain of the executive and the Courts of competent jurisdiction cannot sit in appeal over the same, is of no avail to the respondent – State considering the undisputed fact that while Assistant Registrars of other Universities are granted pay scale of 15600-39100 with grade pay 5400 as per the 6th pay commission, the petitioners herein are declined the same by the respondent- State only on the ground that the respondent No.3 – University proposed the pay scale of 9300- 34800 with grade pay of 5400. 12. At this stage, it is apposite to refer to the ratio laid down by the Hon’ble Supreme Court in case of Whirlpool Corporation vs. Registrar of Trade Marks, Mumbai & Ors., reported in AIR 1999 SC 22 : 1998 AIR SCW 3345. Relevant paragraphs of the said decision read thus: “15. Under Article 226 of the Constitution, the High Court, having regard to the facts of the case, has discretion to entertain or not to entertain a writ petition. But the High Court has imposed upon itself certain restrictions one of which is that if an effective and efficacious remedy is available, the High B Court would not normally exercise its jurisdiction. But the alternative remedy has been consistently held by this court not to operate as a bar in at least three contingencies, namely, where the Writ Petition has been filed for the enforcement of any of the Fundamental rights or where there has been a violation of the principle of natural justice or where the order or proceedings C are wholly without jurisdiction or the vires of an Act is challenged. There is a plethora of case law on this point but to cut down this circle of forensic whirlpool we would rely on some old decisions of the evolutionary era of the constitutional law as they still hold the field.” 13. There is a plethora of case law on this point but to cut down this circle of forensic whirlpool we would rely on some old decisions of the evolutionary era of the constitutional law as they still hold the field.” 13. In the facts of the present case and the position of law, as referred above, it is well settled principle of law that the classification of posts and determination of pay structure comes within the exclusive domain of the executive and the Courts would not sit in appeal over the wisdom of the executive prescribing certain pay structure and grade in a particular service. Further, the onus is upon the employee claiming the parity in the pay scale, as the case may be, to show that the said employee is discriminated and that, the doctrine of equal pay for equal work as enshrined under Article 39(d) of the Constitution of India read with Article 14 thereof, cannot be applied in vacuum. 14. This Court is also conscious of the fact that while considering such cases, the Court must take into consideration factors like source and mode of recruitment/appointment, qualifications, the nature of work, the value thereof, responsibilities, reliability, experience, confidentiality, functional need etc. In other words, the equality clause can be invoked in the matter of pay scales only when there is wholesome/wholesale identity between the holders of two posts. 15. In view of the aforesaid discussion, in the facts of the present case, this Court is inclined to passed the following order: (a) Taking into consideration the stance of the respondent – State as it is, as also, taking into consideration the table reproduced by the respondent – State, as referred above in paragraph 9, the revised pay scale of Assistant Registrar as per the 6th pay commission is 15600-39100 with grade pay of 5400. (b) Further, while issuing the Government Resolution dated 12.02.2009, the Finance Department issued the said Government Resolution for employees of the State Government as well as the panchayat employees taking into consideration the various Government Resolutions issued by the Finance Department and the Resolutions by the Central Government, Finance Ministry, being No.1/1/2008-IC dated 29.08.2008. The said Resolution is not addressed to the grant-in-aid institutions and the same is not addressed to the Universities. The said Resolution is not addressed to the grant-in-aid institutions and the same is not addressed to the Universities. (c) Though, this Court is not expert in the aforesaid field and taking into consideration the anomaly that occurred by the respondent No.3 – VNSGU in making the proposal for grant of pay scale of 15600-39100, grade pay 5400 for the post of Assistant Registrar to the Education Department of the respondent – State, the petitioners cannot be non-suited for the aforesaid anomaly that has occurred by the respondent No.3 – VNSGU more particularly, when the respondent – State has not produced any document on record to show that the nature of work of the Assistant Registrars of the respondent No.3 – VNSGU are distinct from the Assistant Registrars of the other Universities. (d) Further, upon perusal of the affidavits filed by the respondent – State, the only reason assigned by the respondent – State for declining the aforesaid pay scale, is the proposal forwarded by the respondent No.3 – VNSGU, to which, the respondent No.3 - VNSGU from time to time has stated that it was an anomaly occurred by the University and that, the same be rectified however, except the aforesaid, no other reasons are assigned with respect to any distinction between the mode of duties of the Assistant Registrars of the respondent No.3 – VNSGU and the Assistant Registrars of the other Universities. In absence of any such documents or averments made in the reply, the petitioners herein can be said to be discriminated and in view thereof, the impugned order dated 08.12.2022 is required to be quashed. 16. For the foregoing reasons, by exercising extra-ordinary jurisdiction under Article 226 of the Constitution of India, the impugned order dated 08.12.2022 is quashed and set aside. The matter is remanded back to the respondent – State to consider the case of the petitioners afresh, independently and in accordance with law; within a period of four weeks from the date of receipt of this order. 17. The present petition is allowed to the aforesaid extent. Rule is made absolute to the aforesaid extent.