1988 INSC 0121
                  National Museum Non-Gazetted Employees' Association and Another

                                                           Vs

                                             Union of India and Others

                                          Writ Petition No. 1230 of 1987

                          (Ranganath Misra, S. Natarajan, M.N. Venkatachaliah JJ)

                                                      10.02.1988

                                                        ORDER

1. Petitioners are Gallery Attendants of the National Museum located at New Delhi. In this
application under Article 32 of the Constitution they have alleged discrimination so far as their
service conditions are concerned by contending that they are equal in every respect with Record
Attendants in the National Archives also located at New Delhi in the close proximity of National
Museum; yet in regard to pay and allied conditions of services discrimination has been made in the
report of the Fourth Pay Commission and they are prejudiced on that account.

2. Notice was issued and the respondents were called upon to file their return. Several adjournments
have been given to enable the Union of India to file its counter-affidavit. In spite of repeated
adjournments no reply has been filed. In the circumstances we are left with no option but accept the
factual allegations of the petitioners. The qualification for the job, nature and conditions of work
prescribed for Gallery Attendants and Record Attendants in the two institutions are the same. The
Fourth Pay Commission has given benefits confined to the Record Attendants while the claim of the
Gallery Attendants has not been taken into account.

3. In addition to the pleading of the petitioners, this fact has been specifically stated in the letter of
the Director of the National Museum sent to the Administrative Department and the petitioners have
produced two communications of the Director as annexures to the writ petition. These letters do
support the claim of the petitioners. Petitioners are justified to claim equal pay for equal work. We
are, therefore, of the view that the petitioners are entitled to the same scale of pay and other service
benefits as of the Record Attendants in the National Archives.

4. A direction shall issue to the respondents to equated the service conditions of the petitioners with
those of the Record Attendants of the National Archives within three months hence, with effect
from April 1, 1988. The petitioners are entitled to the costs of the petition. Hearing fee is assessed at
Rs. 2500.

</html