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2002 DIGILAW 1500 (RAJ)

Surja Ram v. Rajasthan Agricultural University

2002-08-29

SUNIL KUMAR GARG

body2002
JUDGMENT 1. - This writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 01-02-96 with a prayer that by an application writ, order or direction the order dated 28/31-10-94 (Annex. 16) by which the respondent-University refused to give revised pay scale (UGC grade) of the post of Assistant Librarian to the petitioner on the ground that he was working as Professional Assistant and not as Assistant Librarian and further the proceedings of Board of Management dated 23-5-95 (Annex. 18), be quashed and set aside and the respondents be further directed to provide UGC upgraded pay scale to the petitioner on the post of Professional Assistant (Library) with all consequential benefits from the date he became Assistant Librarian. 2. The facts of the case as put forward by the petitioner are as under : i) That the petitioner obtained a degree of Bachelor of Library Science (B. Lib. Sc.) with IInd Division in May, 1974 from University of Rajasthan, Jaipur and he also obtained Master's degree in Arts in History with IInd division in June, 1981 from the University of Rajasthan, Jaipur. ii) That the petitioner was initially appointed on the post of Lower Division Clerk on 16-5-66 in the College of Veterinary and Animal Science, Bikaner and later on he was transferred on the post of Junior Tech. Assistant (Library) w.e.f. 1-8-72 and ultimately, the petitioner came to be promoted on the post of Professional Assistant (Library) with effect from 21-4-79. iii) That the College of Veterinary and Animal Science was affiliated to Mohan Lal Sukhadia University, Udaipur. However, vide notification dated 31-7-85, the State Government formulated the Rajasthan Agricultural University, Bikaner (hereinafter referred to as the University) and hence the College of Veterinary and Animal Science came to be affiliated to the Rajasthan Agricultural University, Bikaner. iv) That vide order dated 10-12-87 (Annex. 4), the petitioner was asked to take over full charge of the Library and discharge all the duties of the post of Assistant Librarian of the College of Veterinary and Animal Science, Bikaner. The petitioner was given charge of the post of the Assistant Librarian at Bikaner on account of sad demise of Mr. A. N. Saxena, who was working as Assistant Librarian at that time. v) That in pursuance of the order dated 10-12-87 (Annex. The petitioner was given charge of the post of the Assistant Librarian at Bikaner on account of sad demise of Mr. A. N. Saxena, who was working as Assistant Librarian at that time. v) That in pursuance of the order dated 10-12-87 (Annex. 4), the petitioner took over full charge of the post of Assistant Librarian with effect from 10-12-87. vi) That it is further submitted by the petitioner that he is discharging the duties of Assistant Librarian since 10-12-87. vii) That the petitioner further submitted that in addition to officiating work on the post of Assistant Librarian, the petitioner was also directed to assist the Honorary Librarian of the University Central Library, Bikaner in the Second Sessions of working hours vide order dated 15-5-90 (Annex. 6) viii) That thereafter a corrigendum was issued by the respondent No. 2 (Registrar, Rajasthan Agricultural University, Bikaner) on 18-5-90 (Annex. 7) clarifying that in the order dated 15-5-90 (Annex. 6), word "Professional Assistant" may be read as "Professional Assistant and Assistant Librarian". ix) That it is further submitted by the petitioner that earlier one Shri A.N. Saxena was appointed on the post of Assistant Librarian in the College of Veterinary and Animal Science, Bikaner in the Rajasthan Government pay scale. i.e. Non-UGC pay scale vide order dated 1-9-65 (Annex. 8) x) It is further submitted by the petitioner that Shri A.N. Saxena was allowed UGC pay scale with effect from 1-7-71 i.e. the date on which he acquired his post graduation degree vide order dated 7-7-73 (Annex. 9) xi) That the State Government issued a memorandum dated 24-4-93 (Annex. 10) with partial modification dated 5-8-93 (Annex. 11) in regard to upgraded pay scales of Government colleges, PTIs, and Librarians whereby his excellency Governor of Rajasthan was pleased to pass an order that the pay scales recommended by the UGC for PTIs and Librarians of the Government colleges drawing pay under the RCS (revised New Pay Scales) Rules, 1976 may be upgraded as mentioned in the memorandum with effect from 1-4-80. xii) That vide letter dated 7-8-93 (Annex. 12), the Director of College Education, Japer also issued directions to all the principles of Government Colleges in Rajasthan to finalise all the necessary formalities expeditiously in regard to upgraded pay scales (UGC GRADE) to PTIs and Librarians of the Government Colleges in the State of Rajasthan. xii) That vide letter dated 7-8-93 (Annex. 12), the Director of College Education, Japer also issued directions to all the principles of Government Colleges in Rajasthan to finalise all the necessary formalities expeditiously in regard to upgraded pay scales (UGC GRADE) to PTIs and Librarians of the Government Colleges in the State of Rajasthan. xiii) That in pursuance of memorandum dated 24-4-93 and memorandum dated 5-8-93 (Annexs. 10 and 11 respectively), Jai Narayan University, Jodhpur vide its order dated 7-7-94 passed an order allowing the UGC upgraded pay scales to the Senior Technical Assistant/Professional Assistant drawing pay scale under RCS (Revised Pay Scale) Rules, 1976 with effect from 1-4-80. xiv) That ultimately, the petitioner made a representation dated 14-9-94 (Annex. 14) through proper channel to the respondent No. 1 along with recommendation vide letter dated 15-9-94 (Annex. 15) issued by the Dean, College of Veterinary and Animal Science, Rajasthan Agricultural University, Bikaner. xv) That the representation of the petitioner was rejected by the respondents vide order dated 28/31-10-94 (Annex. 16). Thereafter meeting of Board of Management was held on 23-5-95 and the grievance of the petitioner was discussed therein at agenda No. 7, but the same was turned down. Hence, this writ petition with the abovementioned prayer. 3. Reply to the writ petition was also filed by the respondents and in that reply, the main case of the respondents is that all the pay scales of Government Colleges are not applicable to the University unless the same are made applicable to the University and furthermore the petitioner is not entitled otherwise also to the pay scale sought by him. Hence this writ petition should be dismissed. 4. I have heard both and perused the record. 5. The relevant order dated 28/31-10-94 (Annex. 16) by which the petitioner was denied the revised UGC pay scale as demanded by him reads as under : "Kindly refer to your letter No. VCB/Estt/94/7393-94, dated 15-9-94 regarding allowing pay scale of Rs. 700-1600 to Mr. Surja Ram, Professional Asstt. in view of the Government order No. F.3(26)Edu/Gr.IV/88 dated 24-4-94. I write to inform you that in the aforesaid Govt. order the pay scales are allowed to the P.T.Is and Librarians in the Government Colleges. The same has already been allowed to our Supdt. Physical Education and Asstt. Librarian in the University in the revised Pay Scales, 1973. Mr. in view of the Government order No. F.3(26)Edu/Gr.IV/88 dated 24-4-94. I write to inform you that in the aforesaid Govt. order the pay scales are allowed to the P.T.Is and Librarians in the Government Colleges. The same has already been allowed to our Supdt. Physical Education and Asstt. Librarian in the University in the revised Pay Scales, 1973. Mr. Surja Ram is working as Professional Assistant and thus, he is not entitled for this pay scale. He may please be informed accordingly." 6. A bare perusal of order dated 28/31-10-94 (Annex. 16) would reveal that the petitioner was denied the pay scale merely on the ground that he was working as Professional Assistant and not as Assistant Librarian and furthermore, it reveals that the revised pay scales were allowed to Suptd. Physical Education and Asstt. Librarian. 7. In this regard, corrigendum dated 18-5-90 (Annex. 7) passed by the University may be referred to wherein it has been clarified that the word "Professional Assistant" may be read as "Professional Assistant and Assistant Librarian". 8. When the respondents have themselves clarified this position that the word "Professional Assistant" would be read as "Assistant Librarian", therefore, denial of benefit of UGC pay scale on the ground that the petitioner was simply Professional Assistant and not the Assistant Librarian is illegal and against the order issued by the respondents themselves. 9. Furthermore reading of order dated 28/31-10-94 would reveal that this benefit was not denied to the petitioner on the ground that Revised Pay Scales were not applicable to the University. Hence, the submission of the learned counsel for the respondents that revised pay scale was denied to the petitioner on the ground that UGC pay scale was not applicable to the University is not at all tenable in view of the wording of order dated 28/31-10-94 (Annex. 16). When the respondents themselves have treated the post of Professional Assistant as the Post of Assistant Librarian and since there is no dispute on the point that the petitioner is discharging the duties of Assistant Librarian since 10-12-87 as is evident from order dated 10-12-87 (Annex. 4), hence the petitioner is entitled to UGC upgraded pay scale on the post of Assistant Librarian. 10. For the reasons mentioned above, this writ petition is liable to be allowed and the order dated 28/31-10-94 (Annex. 16) and proceedings of Board of Management dated 23-5-95 (Annex. 4), hence the petitioner is entitled to UGC upgraded pay scale on the post of Assistant Librarian. 10. For the reasons mentioned above, this writ petition is liable to be allowed and the order dated 28/31-10-94 (Annex. 16) and proceedings of Board of Management dated 23-5-95 (Annex. 18) are liable to be quashed.Accordingly this writ petition is allowed and the order dated 28/31-10-94 (Annex. 16) and the proceedings of Board of Management dated 23-5-95 (Annex. 18) are quashed and set aside and the respondents are directed to provide UGC upgraded pay scale to the petitioner on the post of Assistant Librarian with effect from 10-12-87 with all consequential benefits.Cost made easy.Petition allowed. *******