DHIRAJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The question that falls for consideration before the Full Bench is whether a Librarian engaged in a Secondary School/Junior College is entitled to pay-scale in accordance with his educational qualifications. In other words, whether a Librarian who is a graduate having a diploma/degree in Library Science is entitled to pay-scale of Rs.1400-2300 or to pay-scale of Rs.1400-2600, as admissible to a trained teacher ?

(2.) The manner in which the present reference was necessitated may be indicated by referring to the adjudication of the prayer made by various Librarians to the grant of appropriate pay-scale based on their qualifications. The first decision in point of time is in the case of Shobhu Shankar Chavan Vs. Head Master, Maharashtra Vidyalaya and Ors. in Writ Petition No. 5938/1998. Said Shobhu Shankar Chavan had acquired degree in Library Science in the year 1983 and he was a graduate. He was working as a Librarian since 16.11.1984. The original pay-scale for the post of Librarian was Rs.365-760. On the basis of Government Resolution dated 01.10.1988, he claimed entitlement to revised pay-scale of Rs.1400-2300. By the judgment dated 17.12.1998 the Division Bench held that since the said petitioner had a degree of Library Science, he was entitled to the pay-scale of Rs.1400-2300 from 01.01.1986 4 WP3494.16 c 3962.16 onwards. The very same petitioner thereafter filed Writ Petition No.1622/2000 praying that he be granted further revised pay-scale on the post of Librarian from 01.01.1986 at Rs.1400-2600. On 19.07.2004 the Division Bench passed the following order :

(3.) Thereafter came Writ Petition No. 4423/2003 - Avinash Shivaji Gaikwad Vs. Education Officer (Secondary) Zilla Parishad, Solapur and others . It was the case of the petitioner that since he was holding a degree in Library Science and was appointed prior to 27.12.1979, he was entitled to higher pay-scale of Rs.365-760 (old) and Rs.1400-2300 as per the Fourth Pay Commission. The petitioner was denied higher pay-scale on the ground that he was not appointed prior to 27.12.1979. The Division Bench by its judgment dated 16.09.2003 observed that in view of the earlier adjudication of this Court in Shobhu Shankar Chavan (1), a Librarian holding a degree was entitled to be awarded higher pay-scale. Since the Court did not find any difference between the two cases, Avinash Shivaji Gaikwad (supra) was also granted higher pay-scale and thereafter Rs.4500-7000 as revised by 5 WP3494.16 c 3962.16 the subsequent Pay Commission.