SHANTIBHAI B PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction and/or order directing the respondent to give benefit of revision in the pay scale to the petitioner with retrospective effect and also to give the pay scale which is made available to the person who is serving as a Librarian in Government colleges.

(2.) THE petitioner was initially appointed as Librarian in the Arts and Commerce College at Devgadh Baria on 5 -7 -1974 in the pay scale of Rs.300 -600. It is the case on behalf of the petitioner that thereafter, he was selected by the GPSC and was appointed as Librarian in the Legal Department on 17 -11 -1977 in the pay scale of Rs.420 -700. It is also the case on behalf of the petitioner that subsequently vide Government circular dated 6 -10 -1979, there was a revision of pay scale of Librarian from Rs.420 -700 to Rs.550 -900 and the revision of the said pay scale was made effective from 1 -1 -1973. It is the case on behalf of the petitioner that right from the beginning i.e. from 17 -11 -1977, he was in the pay scale of Rs.550 -900. The grievance which has been raised in the present Special Civil Application is that the Librarians appointed in Government colleges were getting salary more than the petitioner and there was a anomaly in the pay and according to the petitioner he was entitled to the same pay scale which was made available to the person who was serving as a Librarian in the Government colleges and therefore, various representations were made by the petitioner which are referred to in the representation dated 15 -4 -1993 and according to the petitioner, the said representation was not decided and therefore, the petitioner has prayed for aforesaid reliefs.

(3.) SHRI Munshaw, learned advocate appearing on behalf of the petitioner has submitted that the petitioner as a Librarian in the Legal Department was performing the similar duty which have been preformed by the Librarians in the Government colleges and so far as the pay scale of college Librarian which was revised due to the recommendation of the UGC but when such revision is made, the persons doing the equal work will obviously entitled to get the said benefits of pay scale on the principle of "equal pay for equal work". Therefore, it is requested to allow the present Special Civil Application.