SATYA PRAKASH THAPLIYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner has agitated a grievance against the impugned orders dated 16th Feb., 2009, 12th Nov., 2009 and 19th May, 2009 passed by respondent no. 2 annexed as Annexures 5, 7 and 9 respectively to the writ petition. Consequent to the impugned orders, petitioner had been declared not to be granted with the benefits of revised pay-scale as made applicable by the University Grant Commission (UGC) of Rs. 2200-4000 (as revised to Rs. 8000-13500) from the date when the petitioner acquired the qualification as contemplated under the Government Order dated 29th Feb., 1996. It has been held that only these librarian would be entitled for revised scale, who are eligible as per Appendix-d S No.3 prior to issuance of G.O. 29.02.1996. And since petitioner was not a Post Graduate prior to it he is not eligible for the scale of UGC on 29.08.1985.

(2.) Brief facts of the case are that the petitioner contends that he was appointed as a Library clerk in Guru Ram Rai (P.G.) College Dehradun, (hereinafter to be called as College) which is recognized and affiliated by H.N.B. Garhwal University, Srinagar and is receiving the financial aid from the State Government. Ever since 29th July, 1985 petitioner continued to discharge his responsibility as library clerk to the satisfaction of his employer till he was ultimately given charge of the Librarian, in the college as a consequence of the retirement of the regular Librarian Mr. S.P. Nautiyal and it is the case of the petitioner that ever since 2nd April 1994, he has been discharging his duties as a librarian in Guru Ram Rai P.G. College, Dehraun, but he was not paid salary as admissible to the said post, though he was discharging responsibilities of superior post.

(3.) The petitioner's case is that since he was not paid the salary as admissible to the post of librarian which carried a higher scale then that of a librarian clerk, hence he sought the benefit of Regulation 22 of the Financial Handbook part 2 to 4, praying for that the salary compatible to the post on which he was working may be paid to him. When there was a denial by the respondent to pay the same to the petitioner, the higher salary as admissible to the post held by him, he filed a writ petition before this Court being, Writ Petition No.946 of 2001 (S/S) "Satya Prakash Thapliyal Vs. Director of Higher Education and others". In the said writ petition, petitioner had specifically come up with a case that after handing over of the charge of librarian to him on 2nd April, 1994, thereafter the petitioner has acquired the qualification as contemplated under various Government Orders issued from time to time, in particular, Government Order dated 29.02.1996, which a librarian is supposed to have, to hold the post and hence the petitioner contends that since he was denied the higher scale, an appropriate direction may be issued to the respondent by way of mandamus to pay him the salary as admissible to the post of librarian from the date when he has acquired the qualification of the librarian.