M S PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By consent these three petitions have been heard together and are being decided accordingly.

(2.) The prayer almost common in these three petitions is for the revision of pay-scale of Librarian. The initial prayer is to grant pay-scale of Rs. 550-900 with effect from 1-1-1973 and then the pay-scale of Rs. 700-1600 with effect from 1-4-1980 and finally pay-scale of Rs. 2200-4000 with effect from 1-1-1986.

(3.) The facts in brief concerning the petitioners in these petitions may be stated :- The petitioner Mr. M. S. Pandya in S.C.A. No. 2473 of 1983 has been working as a Librarian in the office of Director, Drug Control Administration, State of Gujarat, Ahmedabad. He was appointed as such in the year 1964. His pay was fixed at Rs. 530.00 with effect from 1-1-1973 in the scale of Rs. 425-700. According to his say a statutory body known as Board of Experts was created under the provisions of the Bombay Prohibition Act. The State Government maintains a separate library meant for the use of Board of Experts, of which the Director, Drug Control Administration, respondent No. 3 herein, is a Member Secretary. The Board of Experts, a separate statutory body is under the control of the office of the 2nd respondent. Two libraries are maintained in the office of the 3rd respondent. The petitioner being the Librarian appointed for the library of 3rd respondent, was also required to look after the library of the Board of Experts. This petitioner has set out detailed particulars about the number of books, the extent of work and the nature of work the petitioner is required to attend to. Initially the petitioner claimed special pay and/or additional remuneration on account of the petitioner having been required to attend to two libraries as aforesaid. However, by way of amendment the petitioner has prayed for the revision of pay-scale as aforesaid on the ground that the Librarians working under the Government of Gujarat in different colleges have been given the pay-scale of Rs. 425-700, revised to Rs. 550-900 with effect from 1-1-1973 as per resolution dated 6-10-1979 of the Education Department of the Government. The reason for claiming the revised pay-scale is that the petitioner is similarly situated and the Government ought to have accepted the petitioner's demand for revision of pay-scale, particularly bearing in mind the fact that the petitioner has been discharging his duties at the libraries run by two different Departments. The petitioner has also relied upon the revision of pay-scale of similarly situated Librarians having been revised either under the Government resolution quoted above or by virtue of the decisions of this Court.