SHERSINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The short question that arises for consideration in this appeal is whether the appellants who are qualified Librarians employed in the University of Delhi and its constituent colleges in different grades are entitled to parity in the pay scales between the professional library staff and the teaching staff of the University of Delhi and its colleges recognised and established since January 1961

(2.) The appellants' case is that in the year 1957 the University Grants Commission constituted a Committee appointed by University Grants Commission, Respondent 2 under the Chairmanship of Dr S. R. Ranganathan. The said Committee recommended that the status and the salary scales of the library staff should be the same as that of the teaching and research staff. Further case of the appellants is that in the year 1961 University Grants Commission, Respondent 2 took decision to give effect to the aforesaid recommendations of Ranganathan Committee. Consequently, Respondent 2 conveyed its decision to the University of Delhi, Respondent 3 by its letter dated 18/1/1961 that professionally qualified library staff are for purposes of salary revision to be treated as academic staff. Respondent 2 revised the scales of pay of different categories of professionally qualified library staff equating them with the corresponding categories of the teaching staff in the University and its colleges by its letter dated 1/5/1962. In the year 1968 when there was further revision of the pay scales of the teaching staff as well as the professionally qualified library staff, the parity was maintained between the two classes. The appellants have further stated that the Third central Pay Commission also reiterated the principle of parity in regard to the scales of pay of school librarians which was accepted by the central government. Respondent 1 herein. Consequently, Respondent 2 by its letter dated 11/1/1974 conveyed the decision of Respondent 1 to Respondent 3, the University of Delhi to revise the pay scales of teachers of the University of Delhi and its colleges with effect from 1/1/1973. Appellants' further case is that in the year 1974 the University of Delhi appointed two Committees - one under the Chairmanship of the then Pro Vice-Chancellor, Prof. V. P. Dutt and the other under the Chairmanship of Prof. A. N. Kaul and both these Committees recommended continuance ofthe said parity in the pay scales and allowances of the Librarians with that of the teaching staff, consequently the Executive council of the University a adopted these recommendations in its resolutions dated 10/4/1974 and 23/5/1974. Again in the year 1977 on the recommendations of Respondent 2, Union of India, Respondent 1 ultimately decided to revise the scales of pay of Librarians in central Universities and in the colleges of the University of Delhi vide its letter dated 7/1/1977

(3.) The appellant's grievance is that Respondent 1 abruptly and arbitrarily disturbed the parity of the pay scales of the teaching staff and the library staff except the Librarian of the University of Delhi with retrospective effect from 1/1/1973 and with a single stroke of pen the parity enjoyed by the said categories of professional library staff from 1961 till 1977 was done away with retrospectively with effect from 1/1/1973. Consequently, the appellants made several representations to Respondents 1 and 2 as well as to the Minister of Education in response to which Respondent 2 replied that the matter was under consideration of the government. However, Respondent 1 restored the parity prospectively with effect from 1/4/1980 instead of 1/1/1973. In the meanwhile in the year 1979 the respondents had referred the question to a Committee for up gradation of the scales of the professional library staff who possessed the qualifications prescribed by Respondent I. There was no further response till the year 1980 from the respondents. Appellant 67, therefore, made representation on 12/2/1980 to the then Union Minister of Education and another representation on 28/4/1981 but no response was received, The appellants ultimately filed a Civil Writ Petition No. 2312 of 1981 in the High court of Delhi which was dismissed in limine on 13/10/1981 which led to the Filing of this appeal by the appellants