MANI LAL VASHRAM GOHEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This second appeal has arisen from the judgment and decree of Extra Assistant Judge, Rajkot in Regular Civil Appeal No. 10/1979 dated 14th August, 1980 under which the judgment and decree of the Civil Judge, (SD), Rajkot in Regular Civil Suit No. 1216/1974 decided on 12th January, 1979 has been confirmed.

(2.) The plaintiff filed a civil suit for declaration that he is entitled to claim the pay scale of Rs. 150-10-250 in pre-revised scale and Rs. 195-320 in the revised pay scale with effect from 1.10.1961 and Rs. 200-490 in the further revised pay scale of Sarela Pay Commission with effect from 1.10.1967 and that he is entitled to promotion to the post of Librarian w.e.f. 27th June, 1962 and for further declaration that the order issued by the Curator or Libraries, Gujarat State, Ahmedabad dated 29th August, 1977 is illegal, void and inoperative and for injunction to restrain the defendant from enforcing the order dated 29th August, 1979 against the plaintiff and to order the defendant to fix the pay scale of the plaintiff in the above revised pay scale and to direct the defendant to fix the seniority of the plaintiff w.e.f. from 17th July, 1959.

(3.) The plaintiff on formation of the State of Bombay on 1.11.1956 was absorbed as Junior Clerk and continued to serve as such till 17th July, 1959. He was appointed as Assistant Librarian by order of the Dy. Director of Education, Bombay State dated 11.11.1959. Thereafter, on formation of the State of Gujarat from 1.5.1960, the plaintiff continued to work as Assistant Librarian till 1.4.1963 and then on formation of the Panchayat he was deputed to the District Panchayat, Rajkot from 1.4.1963 as Assistant Librarian. It is not in dispute between the parties that in the office of District Panchayat, Rajkot, only sanctioned post was of Librarian and the post of Assistant Librarian was not there. It is also not in dispute between the parties that from the day on which the services of the plaintiff were placed on deputation to the District Panchayat, Rajkot, he was discharging duties of Librarian. It is also not in dispute that at one point of time the pay of the plaintiff was fixed in the pay scale of Rs. 200-490 by the Administrative Officer, District Panchayat, Rajkot, but later on this order has been recalled by the Education and Labourt Department, rejecting the claim of the plaintiff for the aforesaid pay scale on the ground that he is not having the requiste qualification to hold the post of Librarian. It is also not in dispute that later on the plaintiff was repartriated back to the Government and he retired from the Government services. So during the period for which the plaintiff remained on deputation with the District Panchayat, Rajkot he worked as Librarian. It comes on the record also that the plaintiff acquired necessary qualification prescribed for appointment to the post of Librarian in the year 1963 i.e., in that year he acquired the qualification of graduation and he obtained the certificate in Library Science in 1960. Both the Courts dismissed the suit of the plaintiff.