PARTHA SUBIR GUHA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ application, five library staff and one such retired staff of the Indian Institute of Management, Calcutta ("Institute"), have prayed for mandamus directing the respondents to cancel and/or rescind the impugned order dated Jan. 12, 1999 bearing No. F. No. 1-10/98-TS.I (PT) issued by the Deputy Education Adviser (Technical) upgrading the post of Librarian, Deputy Librarian, Senior Assistant Librarian, Assistant Librarian and Library Assistant and for passing an order in accordance with law extending the benefit of revised pay scale introduced by Central Government through Notification dated Feb. 28, 1989 w.e.f. 1st Jan., 1986 to the petitioners.

(2.) In the past, the present writ petitioners and some others filed another writ petition being C.O. No. 11247 (W) of 1992, inter alia, praying for direction upon the respondents to extend the benefit of the revised pay scale introduced by the Central Government by the Notification dated Feb. 28, 1989 w.e.f. 1st Jan., 1986 in respect of library staff of the universities. On contested hearing such writ application was disposed of by Ajit Kumar Sengupta, J. by holding that the library staff of the Institute should be entitled to the benefits of the Notification dated Feb. 28, 1989 and the Central Government was directed to provide funds for implementation of the said notification so far as the library staff or the Institute were concerned.

(3.) While giving such benefit, His Lordship specifically arrived at a conclusion that the statutes of the Institute is'equal to that of a university. In this connection, it will not be out place to refer to the following reasons given by His Lordship :