JUDGMENT : Heard Dr. P K Goswami, learned counsel for the petitioner. Also heard Ms. B Bora, learned Standing Counsel for the respondents in the Health Department of Government of Assam. 2. The petitioner was appointed as a Librarian on contract for a period of six months in the office of the PNO/Principal Tutor, GNM Training Centre, Nalbari as per the order of Director of Health Service, Assam dated 30.01.2003. The petitioner continues to work as such. The petitioner also refers to a communication dated 19.05.2009 of the Deputy Secretary to the Government of Assam in the Health and Family Welfare (A) Department made to the Accountant General, Assam providing that the Governor of Assam was pleased to accord sanction to the creation of 105 (one hundred and five) numbers of posts as per the list of incumbents provided in the annexure enclosed to the said communication. In the Annexure-1 accompanying the communication dated 19.05.2009, the name of the petitioner appears at Sl. No. 1 against the post of Librarian under the heading GNM Training School, Nalbari. 3. In the circumstance, the petitioner claims that as the post against which he was engaged on a contractual basis had been permanently created carrying along with a scale of pay, therefore, the petitioner be paid the scale of pay instead of the contractual amount as was paid to him. By referring to the ROP Rules of 2009, it has been pointed out that the scale of pay of Librarian/Additional Librarian is 3490-90-4480-’20-4600-EB-120-5200-175-6600-250-8100(For Intermediate) and that of Librarian RDC/Ayurvedic College is 3580-99-4480-120-4720-EB-120-5200-175-6600-250-8100-325-8750 (Graduate and Diploma Library Science). It has also been pointed out that the scale of pay of Library Assistant is 2890-60-3490-90-3670-EB-90-4480-120-5200-175-5725. 4. In response to the claim of the petitioner, the Director of Health Service, Assam by the order dated 29.12.2011 had provided that although the petitioner was appointed as a Librarian in the office of the PNO/Principal Tutor, GNM Training Centre, Nalbari but as the qualification for the post of Librarian is Bachelor of Library Science and the petitioner does not have the said qualification, therefore, he has been paid the scale of Library Assistant since the date of his joining as per the appointment order dated 30.01.2003. Accordingly, the earlier order of appointment of the petitioner dated 30.01.2003 stood corrected by providing that the name of the post against which the petitioner was appointed is Library Assistant. Accordingly, the earlier order of appointment of the petitioner dated 30.01.2003 stood corrected by providing that the name of the post against which the petitioner was appointed is Library Assistant. Being aggrieved by the order dated 29.12.2011, this writ petition is instituted. 5. The Director of Health Service, Assam in the affidavit-in-opposition dated 02.08.2019 has taken a stand in paragraph 17 thereof as extracted: “17. That with regard to the statements made in paragraphs 21, 22, 23, 24, 25, 26, 27, 28, 29 to 33 of the writ petition, the deponent begs to state that no vindictive action has been taken against the petitioner. The Govt. has sanctioned the post of Librarian of GNM Training School, Nalbari with the pay scale meant of Assistant Librarian. Initially he was on contractual basis as Librarian before 2009.if the petitioner has been possessed the requisite qualification of Library Science course certificate, he would have been allowed the pay scale of Librarian.” 6. A reading of the stand of the Director of Health Service, Assam makes it discernable that the authorities are of the view that the Government had sanctioned a post of Librarian for the GNM Training School, Nalbari with the pay scale of meant for Assistant Librarian and had the petitioner, who was engaged on a contractual basis as Librarian before 2009, possessed the qualification of Library Science Certificate, he would have been allowed the scale of Librarian. It is the further stand of the authorities that no vindictive action had been taken against the petitioner. 7. We have considered the rival stands of the petitioner as well as the respondents. What is taken note of is that the petitioner was appointed by the order dated 30.01.2003 as a Librarian in the PNO/Principal Tutor, GNM Training Centre, Nalbari although may be initially on contract for a period of six months but the fact remains that the petitioner continues to remain in service even as on today. Secondly, as per the communication dated 19.05.2009, the Governor of Assam was pleased to accord sanction, amongst others, to a post of Librarian in the GNM Training School, Nalbari, which also contains the name of the petitioner meaning thereby that the post which was held by the petitioner on contractual basis is now being converted to a sanctioned post by the Governor of Assam with the petitioner as Librarian. In the context, it was for the Director of Health Service, Assam, to consider as to whether the petitioner is entitled to a scale of pay of a Librarian. 8. The Director takes the stand that as the petitioner does not have the requisite qualification in respect of Library Science Certificate, therefore, he would not be entitled to the scale of pay of the Librarian. But the Director goes a little further in not only refusing the pay scale of Librarian to the petitioner but also to bring him down to the post of Library Assistant by providing that he would now be entitled to the scale of pay of Library Assistant. 9. Service law jurisprudence does not enable an employer to bring down an employee to a lower level without following the due procedure of law. Had the Director stopped at his view that the petitioner is not entitled to scale of pay of Librarian, the matter would have been looked from another point of view, but under the law, it cannot be accepted that an employee would be brought down in his level without following any due procedure of law. 10. Consequently, we interfere with the part of the order dated 29.12.2011 by which the petitioner who was appointed as a Librarian had now be brought down from the post of Librarian to that of a Library Assistant. As regards the scale of pay that the petitioner may be entitled, we have taken note that the reasoning of the Director is that the petitioner does not have the qualification of Library Science Certificate and therefore, he would not be entitled to the scale of pay of the Librarian. When we look into the scale of pay provided under the ROP Rules of 2008 as extracted above, we take note that the scale of pay for the post of Librarian/Additional Librarian is 3490-90-4480-’20-4600-EB-120-5200-175-6600-250-8100 where the qualification is intermediate whereas the scale of pay for the post of Librarian in RDC/Ayurvedic College is 3580-99-4480-120-4720-EB-120-5200-175-6600-250-8100-325-8750where the qualification is Graduate and Diploma in Library Science. 11. In the instant case, we have taken note that the petitioner was working as a Librarian in the PNO/Principal Tutor, GNM Training Centre, Nalbari. 11. In the instant case, we have taken note that the petitioner was working as a Librarian in the PNO/Principal Tutor, GNM Training Centre, Nalbari. Admittedly, the post of Librarian in PNO/Principal Tutor, GNM Training Centre, Nalbari is not a post of Librarian in RDC/Ayurvedic College for which alone the ROP Rules of 2008 provides the minimum qualification of Degree and Diploma in Library Science. As per the ROP Rules of 2008, the petitioner would come within the category of Librarian/Additional Librarian where the required qualification is intermediate. 12. From the aforesaid context, we are of the view that the Director of Health Service, Assam had erred in giving a due consideration to the claim of the petitioner. The claim of the petitioner for a pay scale in his post of Librarian ought to have been against the post of Librarian/Additional Librarian in the PNO/Principal Tutor, GNM Training Centre, Nalbari where the qualification is intermediate. Accordingly, the rejection of the claim of the petitioner for the scale of pay of Librarian as per the order dated 29.12.2011 is also set aside and the matter stands remanded back to the Director for a fresh consideration on the claim of the petitioner and to examine the claim of the petitioner against the scale of pay as per the ROP Rules of 2008 for the post of Librarian/Additional Librarian for which the qualification is intermediate and thereafter, pass a reasoned order thereon. 13. By requiring the Director of Health Service, Assam to consider we are clarifying that this is not a direction for the Director to grant the relief as prayed for, but to examine the same as to whether he is entitled to such relief or not. Requirement of passing the reasoned order be done within a period of two months from the date of receipt of certified copy of this order. 14. We further take note that when the claim of the petitioner for the scale of pay was rejected on the ground of not having the qualification of Degree and Diploma in Library Science and not for the reason that the petitioner was initially appointed on contractual basis. In passing the reasoned order, the said aspect be also kept in mind. Writ petition stands disposed of in the above terms.