A R NEELAYADAKSHNI Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) The petitioners have prayed for the following reliefs :-

(2.) The petitioners and the respondents 3 to 6 on the date of the writ petition wereworking as Professional Assistant Juniors (Assistant Librarians). From the post ofprofessional Assistant Junior the next avenue of promotion is Professional AssistantSenior (Dy. Librarian) and thereafter the incumbents can claim to be considered forthe post of Librarian. The scale of pay then was Rs. 550-900 for the post ofProfessional Assistant Junior (Asstt. Librarian). BY 28.11/9.12.85 the Universitydecided to put the Professional Assistant Juniors on the scale of Rs. 700-1600 inrespect of those who had secured first or second class in B.A., B.Sc. or B.Com. orfirst or second class Master of Library Science Degree or those who had securedfirst or second in M.A. MSc., M.Com. arid first or second class in Bach. of LibraryScience or post Graduate Diploma in Library Science.

(3.) The case of the petitioners is that at the time they were recruited there was noqualification prescribed that the candidates should have secured first or secondclass in the qualifying examination and their scale of pay was fixed reckoning the dutyassigned to the post. Revision of pay scales was done in all Departments ofGovernments and at the instance of the employees revision was effected and whilemaking the revision the University or the University Grants Commission cannotprovide qualification with retrospective effect affecting the rights of the petitionerswho are functioning in the cadire. The petitioners would state that the condition withreference to the securing first or second class could be applied only to the candidateswho would be recruited and not those who are already functioning in the posts.