TAPAN DAS GUPTA Vs. VISVA BHARATI UNIVERSITY

JUDGEMENT

(1.) The petitioner was appointed as an Assistant Librarian at Visva Bharati on October 17, 1996. The senior scale was given to him with effect from October 17, 2002. As per the Career Advancement Scheme (CAS) for Assistant Librarian on October 19, 2006, the Assistant Librarians in the universities in the senior scale who do not have Ph.D. degree or equivalent published work would be designated as Assistant Librarian in the selection grade, inter alia, on completion of five years of service in senior scale. However, the requirement of five years could be relaxed if the total service exceeded eleven years, and also on the further condition that he or she participated in two refresher courses/summer institutes, each of not less than four weeks duration or engaged in other appropriate continuing education programme of comparable quality after placement in the senior scale.

(2.) After his designation as Assistant Librarian in senior scale, the petitioner completed his first refresher course on August 12, 2008, followed by his second refresher course completed on August 9, 2011. The petitioner was not given the selection grade by the university, however, after his retirement, the university ultimately decided to grant him the selection grade with retrospective effect from on August 19, 2011. The university in its resolution dated November 11, 2013 observed as follows :-

(3.) After noting the aforesaid dates, the university decided to place the petitioner from Assistant Librarian (Sr. Scale) to Assistant Librarian (Selection Grade), as there was no scope to convene a fresh selection committee as a very special case, with effect from the date when he completed his second refresher course.