MONOHAR KUMAR MITRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner files this writ application for a direction upon the respondents to allow the petitioner to draw his basic pay and allowance in the scale of pay of Rs. 3600-7050 as was drawn immediately prior to issuance of the order dated November 15, 2002 passed by the District Library Officer, Howrah.

(2.) The fact of the case in a nutshell is this the petitioner being a local inhabitant and interested in being involved in literacy programme, associated himself with the working of Dakshin Durgapur Udayan Pathagar, District-Howrah (hereinafter referred to as the said library) from the month of November, 1978 on payment of a consolidated pay of Rs. 15/- per month. Subsequently, the said library was converted into a Government sponsored rural library from the year 1980. Thereafter, the petitioner was appointed as Librarian on temporary basis in respect of the said library in the scale of pay of Rs. 184/- 270/- plus admissible allowances as per rules. The scale of pay of the petitioner was revised in terms of the Revision of Pay and Allowance Rules, 1981.

(3.) After the promulgation of the West Bengal Public Libraries Act, 1979 the provisions of the aforesaid Act came into force with effect from July 15, 1982. In accordance with the provisions of sub-section (J) of Section (2) a "Public Library" means a library open to the and (I) established or maintained by the Government, or (II) declared by the Government as a sponsored public library under Section 16A of the West Bengal Public Libraries Act, 1979. Since the said library came within the scope of Section 16A of the West Bengal Public Libraries Act, 1979, the same became the public library under the provisions of the aforesaid Act. The Government local library authority was constituted in accordance with the provisions of sub-section (1) of Section 8 of the West Bengal Public Libraries Act, 1979 in respect of the District of Howrah. In accordance with the provisions of sub-section (c) of Section 10 of the West Bengal Public Libraries Act, 1979, the local library authority was empowered to employ from time to time the officers and staff of the public libraries in such a manner and on such terms and conditions as may be prescribed.