SURJYANARAYAN BISOYI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, who is continuing as Junior Librarian in K.S.U.B. College, Bhanjanagar, has filed this writ application praying for a direction to the opposite parties to re -designate his post as Assistant Librarian with effect from 22.11.1994 in the pay scale of Rs.1400 -2300/ - and with effect from 1.1.1996 in the revised scale of pay and give him the consequential benefits and release the same within a time frame.

(2.) THE brief facts, as narrated in the writ petition, tend to reveal that the petitioner was initially appointed as a Junior Clerk, which is a Management post, on 3.8.1985 by the Governing Body of K.S.U.B. College, Bhanjanagar, admittedly a non -Government Aided Educational Institution. Initially, one Smt. Jharana Mohanty was appointed as Assistant Librarian in the College and after her promotion to the post of Librarian with effect from 22.11.1994, the Governing Body of the College in its Resolution No.5 dated 4.4.1998 appointed the petitioner, who was a Graduate in Arts and Bachelor in Library Science, as Assistant Librarian with effect from 22.11.1994 against the vacant D.P. post considering his qualification and experience in service. The yardstick for non -teaching staff prescribed for Libraries of the non -Government Colleges are one Graduate Librarian with Diploma in Library Science, one Assistant Librarian and one Library Attendant. The Director of Higher Education (opposite party No.2) by Office Order No.18821 dated 31.3.1999 accorded approval to the appointment of the petitioner in the post of Junior Librarian in the scale of pay of Rs.975 -1660/ -with effect from 22.11.1994.

(3.) A counter affidavit has been filed by opposite party No.2 While rebutting the claim of the petitioner made in the writ petition, it is candidly admitted in paragraph 4 of the said counter affidavit as follows : -