RAGHUNATH SENAPATI Vs. CHANCELLOR ORISSA UNIVERSITY

JUDGEMENT

(1.) THIS writ petition was filed by Raghunath Senapati, a retired Chief Librarian under the Orissa University of Agriculture and Technology, Bhubaneswar (hereinafter referred to as O.U.A.T.'). During the pendency of the writ petition he died. In his place, his widow has been substituted. For the sake of convenience, the deceased -petitioner will be hereafter referred to as the original writ petitioner.

(2.) THIS writ petition has been filed praying for a direction to the O.U.A.T. to grant the revised scale of pay of Rs. 1000 - 1530/ - from 1.1.1974 till 31.12.1980 as admissible to the post of Chief Librarian and the consequent retiral benefits.

(3.) THE claim for revised scale of pay of Rs. 1000 -1 530/ - for the period from 1.1.1974 to 31.12.1980 is based on the ground that when the scale of pay of the Chief Librarian was revised on 1.1.1981 from Rs. 700 -1100/ - to Rs. 1000 - 1530/ - by the notification dated 23.5.1985. as a natural consequence the original writ petitioner ought to have been filed in the revised scale of the post of Chief Librarian from 1.1.1974. but he was kept in the earlier scale of pay of Rs. 400 800/ - from 6.7.1970 till 1.1.1981. Service Book of the: original writ petitioner was produced by the learned counsel appearing for the O.U.A.T. From it, it appears that he was appointed as Chief Librarian on a pay of Rs. 700/ - in the scale of pay of Rs. 700 -40 -1100/ - as per the office order No. 7007 dated 23.5.1974. He joined as such on 24.5.1974. There is no dispute that with effect from 1.1.198 1 he was granted the revised scale of pay of Rs. 1000 -1 530/ -. The Board of Management of O.U.A.T. in its resolution No. 1435 (3) dated 27.3.1980 at Annexure -8 (b) resolved that the Chief Librarians who unlike the Junior Librarians have not been allowed the Government pay scale with effect from 1.1.1974 should be allowed such pay scale with effect from 1.1.1974 till 31.3.1986. The State Government which meets the expenditure of salaries to the employees of the O.U.A.T. did not agree with the aforesaid proposal, but allowed revised scale of pay of Rs. 1000 -1530/ - with effect from 1.1. 1981. There is no dispute that pay scales of all employees including the Junior Librarians of the O.U.A.T. were revised from 1.1. 1974, It was only the scale of pay of the Chief Librarian was not revised from that date. The original writ petitioner prior to 1.1.1974 was drawing his salarv in the U.G.C. scale of Rs. 700 -1100/ - whereas, as per the f ifth Plan U.G.C. revised scale it would have been Rs. 1200 -1900/ - from 1.1.1974. The State Government, however, allowed the scale of pay of Rs. 1000 -1 530/ - to the Librarians in the State with effect from 1.1.1974. We, therefore, do not. find any legal justification to deny the said scale of pay to the original writ petitioner with effect iron that. date. It appears 'that the Registrar of O.U.A.T. in his letter No. 2101 dated 7.2.1983 requested the State Government in the Agriculture Department to grant him the aforesaid scale of pay. but the State Government ejected the suggestion without ascribing any reason by a 'ptic order. Counsel for the State or of the O.U.A.T. could not place any material before us as to why the original writ petitioner was singly discriminated against. A classification may be reasonable even though a single individual is treated as a class by himself provided that there are some special circumstances or reasons applicable to him alone. All the posts of Librarian having been allowed the scale of pay ot Rs. 1000 -1530/ - from 1.1.1974 and in absence of any special circumstance or reason, denial of said scale of pay to the original writ petitioner is clearly discriminatory. For the reasons mentioned above, we have no hesitation to hold that the original writ petitioner was entitled to get the scale of pay of Rs. 1000 -1530 from 1.1.1974 till 31.12.1980. The contesting opposite parties are directed to work -out the differential amount payable, refix his last pay drawn and grant him consequential retiral benefits including family pension. The payment may be made to the widow within three months of receipt of this order. The writ petition is allowed. No costs.