HEMKER CHANDRA TRIPATHI S/O LATE SRI B.C. TRIPATHI, PRESENTLY POSTED AS LIBRARIAN IN GOVERNMENT POST GRADUATE COLLEGE, Vs. STATE OF UTTARANCHAL THROUGH PRINCIPAL SECRETARY, HIGHER EDUCATION, CIVIL SECRETARIAT AND ORS. AND ORS.

JUDGEMENT

(1.) BY means of this writ petition, moved under Article 226 of the Constitution of India, the petitioners have sought writ in the nature of certiorari quashing the order dated 21.11.2005, passed by respondent No. 1 (copy Annexure -1 to this writ petition), whereby representation of the petitioners for Senior Pay Scale and Selection Grade has been rejected. Also, a mandamus has been sought directing the respondents to grant Senior Pay Scale and Selection Grade to the petitioners.

(2.) HEARD learned Counsel for the parties and perused the affidavits, counter affidavit and rejoinder affidavit filed on their behalf.

(3.) COUNTER affidavit has been filed on behalf of the respondent No. 1 in which reference has been made to the Government Order dated 29.02.1996, issued by the State of Uttar Pradesh, whereby distinction has been drawn between the Librarians working in the Universities and the Librarians working in the Government Degree Colleges. It is further stated in the counter affidavit that aforesaid Government Order explicitly provides that the Librarians in the Government Degree Colleges are not covered by Merit Promotion Scheme available to the teachers of the Government Degree Colleges and as such no Senior Pay Scale or Selection Grade can be granted to them.