TARA SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner who is working as a Librarian in M.D.S.D. Girls College, Ambala City (for short 'the College') which is affiliated to Kurukshetra University, complains that she has been arbitrarily denied the revised scale of Rs. 700-1600 with effect from September 1, 1980 and has been wrongly placed in the pay scale of Rs. 700-1400.

(2.) A few facts may be noticed. The College is affiliated to Kurukshetra University, Kurukshetra. The College advertised the post of Librarian in June, 1980. The petitioner, who possessed the qualification of M.A. (III Division) and B. Lib. Science in II Division applied for the post and was selected. She was appointed as Librarian vide orders dated August 29, 1980 in the scale of Rs. 560-900. This appointment was approved by the University vide its orders dated August 14, 1980 and the petitioner was subsequently confirmed on the post of Librarian with effect from July 1, 1982. The petitioner has averred that she improved her qualifications and secured II Division in M.A. in September, 1987. It is further averred that while the petitioner was drawing her salary in the scale of Rs. 550-900, the Auditors of the Department of Higher Education, Haryana audited the accounts of the College and observed that the petitioner had to be placed in the scale of Rs. 250-500 instead of the scale of Rs. 550-900. Her pay was accordingly reduced and she was placed in the scale of Rs. 250-500 without being given any opportunity. Vide orders dated October 27, 1986, the Govt. of Haryana revised the scale of Rs. 250-500 and raised it to Rs. 700-1400 with effect from April 1, 1979. Since the petitioner had joined a post of Librarian on September 1, 1980, she was placed in the scale of Rs. 700-1400 with effect from the date of her appointment. By the same order, the pay scale of Rs. 550-900 was raised to Rs. 700-1600 with effect from April 1, 1980. Her complaint is that she should be granted the scale of Rs. 700-1600 instead of Rs. 700-1400 with effect from the date of her entry into service. She avers that the scale of Rs. 700-1600 has been denied to her on the ground that she did not possess the qualifications of M.A. II Division at the time of her entry into service. Her representation etc. having been rejected, she has approached this Court through this present petition. She has submitted that all the Librarians form one cadre and are entitled to the parity of treatment in the matter of grant of scale of pay. Specific mention has been made of one Mr. Krishan Kumar Sharma working as a Librarian in Markanda National College, Shahbad-Markanda, district Kurukshetra. It has been stated that although he was M.A. IIIrd Division, and had not improved his qualifications, yet his claim for the grant of the revised scale of pay was upheld by this Court in C.W.P. No. 832 of 1987 decided on January 21, 1988. Accordingly, the pay scale of Rs. 700-1600 had been allowed to Mr. Krishan Kumar Sharma with effect from April 1, 1980. Certain other instances have also been given.

(3.) In the written statement filed on behalf of the respondents, it has been inter alia averred that the petitioner, under the instructions of the Department, could have been placed only in the scale of Rs. 250-550 and not in the scale of Rs. 550-900. Accordingly, it is averred that she had been rightly placed in the scale of Rs. 700-1400. It has been further mentioned that the special leave petition filed by the State against the judgment in C.W.P. No. 832 of 1987 was still pending and as such no case for grant of relief to the petitioner was made out.