LAWS(APH)-1997-3-84

S PRATAP REDDY Vs. GOVERNMENT OF A P

Decided On March 18, 1997
S.PRATAP REDDY Appellant
V/S
GOVERNMENT OF A.P. Respondents

JUDGEMENT

(1.) The petitioners in these two writ petitions are Library Assistants working in various Universities in the State of Andhra Pradesh. They claim that they are entitled for the same scale of pay as is given to the Librarians working in Government Degree Colleges i.e., time scale of Rs.2200-4000 whereas they were being paid in the scale of 1810-3230. According to them, they possess the same qualifications as the Librarians working in Degree Colleges and that the nature of their duties and responsibilities is the same as that of the Degree College Librarians and there was also parity of scales between the two till 1988 when the Librarians in Degree Colleges were extended the U.G.C. scale of Rs.2200-4000. When they made representations to the Universities for extending the benefit of the same scale of pay to them, the Universities accepted their claim and also recommended to the Government to concede their request but the Government, without any justification whatsoever, rejected their claim for parity of scales by its order dated 30-6-1993. They complain that the rejection of their claim is discriminatory and violative of Articles 14 and 16 of the Constitution.

(2.) On the other hand, the stand taken by the Government is that the duties and responsibilities of the two posts and quite different, that the post of Library Assistant is of clerical nature and that is a post which is not covered by the U.G.C. set up whereas the post of Librarian in Government Degree Colleges is an academic position covered by U.G.C. set up and the two posts are totally incomparable. It is also pointed out that there are two grades in the category of Library Assistants i.e., Grade-I and Grade-II and that from the category of Library Assistant Grade I, there is a channel of promotion to the post of Assistant Librarian in the University which is equal and comparable to the post of Librarian in Degree Colleges. It is, therefore, contended that the Library Assistants cannot claim parity of scales with a post superior in rank.

(3.) A similar stand is taken in the counter-affidavits filed on behalf of the other respondents-Universities also. But their ultimate stand appears to be that is for the Government to take a decision finally in the matter and that they are bound by the decision of the Government.