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2018 DIGILAW 540 (GAU)

Zabeen Ahmed v. State of Assam

2018-03-27

ACHINTYA MALLA BUJOR BARUA

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JUDGMENT & ORDER : Heard Mr. M Sarma, learned counsel for the petitioner. Also heard Mr. K Gogoi, learned Standing counsel, Higher Education Department Assam, Mr. R Barpujari, learned Standing counsel for the Finance Department, Mr. RK Talukdar, learned Standing counsel, AG, Assam as well as Ms. DD Barman, learned State counsel. 2. On 15.05.1985, the petitioner was appointed as a Deputy Librarian in the Cotton College vide Notification dated 10.05.1985 under Regulation 3(f) of the Assam Public Service Commission (Limitation of Functions) Regulation, 1951. Thereafter, on being recommended by the APSC, the services of the petitioner was regularized by the Govt. of Assam in the Education Department by the Notification dated 08.10.1987. The Government of Assam by the Notification dated 05.08.2000 in exercise of powers conferred under the provision to Article 309 of the Constitution of India was pleased to extend the benefit of revised UGC pay scales to the Librarians of the Government Degree Colleges/Engineering Colleges including the Government Polytechnics of the State w.e.f., 01.01.1996. 3. The terms and conditions for grant of the UGC Scale was that the College Librarians who fulfils the minimum academic qualification prescribed by the UGC from time to time and such qualified Librarians, who are in the State scale of pay of Rs.1375-3375 per month would be placed in the revised UGC scale of Rs.8000-13,500/- per month. The terms and conditions further provided that the qualified Librarians shall be eligible for placement in the senior scale of pay of Rs.10,000-15,200/- per month, if he/she has completed 8 years of service after regular appointment and on or after 01.01.1996 had participated in two refreshers courses/summer institute each for approximately 4 weeks duration or engaged in other appropriate continuing educational programmes of comparable quality as may be specified by the UGC and has consistently good performance appraisal reports. Although the petitioner was regularized in service as the Deputy Librarian in the Cotton College, Guwahati on and from 07.07.1987 on the recommendation of the APSC but the UGC scale of pay as indicated in the Notification dated 05.08.2000 was not given to the petitioner for reasons that the appointment of the petitioner was against the post of Deputy Librarian and not Librarian. Later on by the Notification dated 28.11.2001 of the Deputy Secretary to the Govt. Later on by the Notification dated 28.11.2001 of the Deputy Secretary to the Govt. of Assam in the Education Department, the post of Deputy Librarian in Cotton College and Diphu College were redesignated as Librarian with the UGC scale of pay of Rs.8000-275-13,500/- with immediate effect. 4. In this writ petition, the petitioner raises a claim that as per the Notification dated 05.08.2000, the petitioner is entitled to the UGC scale of pay on and from 01.01.1996. The respondent authorities have filed an affidavit-in-opposition wherein it is stated that from the year 1996, the petitioner was paid the scale of pay of Rs.1420-975/- per month. 5. In other words, in this writ petition, the provisions in the Notification dated 28.11.2001, providing the UGC scale of pay to the petitioner with immediate effect from the date of Notification has been assailed in this writ petition. 6. When the Notification dated 05.08.2000 of the Govt. of Assam in the Finance Department by which the UGC scale was made applicable to the Librarian is read, what is noticeable is that the Librarian of the Government Degree Colleges/Engineering Colleges who were receiving the State pay scale of Rs.1375-3375 per month and who had the minimum academic qualification required for a Librarian was granted, the UGC scale of pay. In the instant case, it is noticed that the petitioner, firstly had the minimum academic qualification for a Librarian from the date of her initial appointment and secondly, on the date when the Notification of 05.08.2000 was issued, the petitioner was receiving the scale of pay of Rs.4120-9725/- per month, which apparently is more than the required scale of pay of Rs.1375-3375/- per month. Accordingly, in the view of this Court, the petitioner fulfils both the requirements of the Notification dated 05.08.2000 in order to be entitled to be paid the UGC scale of Rs.8000-13,500/- per month. 7. A further fact to be taken note of is that in the Cotton College where the petitioner was appointed did not have the post of Librarian all along and the post of Librarian was given the nomenclature of Deputy Librarian. Merely because the expression ‘Deputy Librarian’ was used that by itself was not an indication that the petitioner was not engaged as a Librarian in the College. 8. Merely because the expression ‘Deputy Librarian’ was used that by itself was not an indication that the petitioner was not engaged as a Librarian in the College. 8. It is also taken note of that the Notification dated 05.08.2000 in Clause 2(6) further provides that the post of Deputy Librarian of Cotton College and Diphu College will have to be redesignated as Librarian. The aforesaid provision in the Notification of 05.08.2000 also includes that for all purposes, the petitioner was appointed as a Librarian in the Cotton College Guwahati. In such view of the matter, the denial of the UGC scale of pay to the petitioner upto 28.11.2001, on the ground that she was appointed to the post of Deputy Librarian in the Cotton College is found to be unacceptable. 9. Accordingly, the Notification dated 28.11.2001 of the Deputy Secretary to the Govt. of Assam Education Department is directed to be modified to the extent that the benefit of UGC scale to the petitioner be paid from 01.01.1996 as provided in the Notification dated 05.08.2000. Further, it is also noticed that such Librarian who had completed 8 years of regular service on or after 01.01.1996 and had participated in two refreshers courses/summer institute each for approximately 4 weeks duration or engaged in other appropriate continuing education programmes of comparable quality as may be specified by the UGC and has consistently good performance appraisal reports are entitled under the Notification of 05.08.2000 to be placed in the senior scale of pay of Rs.10,000-15,200/- per month. 10. From the Notification dated 08.10.1987 by which the petitioner was regularized on the recommendation of the APSC, it is noticed that as on 01.01.1996, the petitioner had completed 8 years of regular service but the other aspect as to whether the petitioner had participated in two refreshers courses/summer institute each for approximately 4 weeks duration or engaged in other appropriate continuing education programmes of comparable quality as may be specified by the UGC and had a consistently good performance appraisal reports is indeterminable in the present petition. Accordingly, if the petitioner is further aggrieved, liberty is granted to file an appropriate application before the Principal Secretary to the Govt. of Assam in the Higher Education Department, who shall after affording the petitioner an opportunity of hearing and upon verifying the records pass an appropriate reasoned order thereon. 11. Accordingly, if the petitioner is further aggrieved, liberty is granted to file an appropriate application before the Principal Secretary to the Govt. of Assam in the Higher Education Department, who shall after affording the petitioner an opportunity of hearing and upon verifying the records pass an appropriate reasoned order thereon. 11. In terms of the above, this writ petition stands disposed of. 12. The requirement of this order to provide the UGC scale of pay to the petitioner w.e.f. 01.01.1996 be implemented within a period of 3(three) months from the date of receipt of a certified copy of this order.