JASBIR KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The petitioner has sought a writ in the nature of mandamus for directing the respondents to grant her the revised pay scale of Rs.4550-7220 w.e.f. 01.01.1996 instead of pay scale of Rs.4020-6200. She has further sought a writ in the nature of certiorari quashing of the letter dated 20.01.2015 (Annexure P-6) vide which her claim has been declined by respondent No.2.

(2.) In brief, the petitioner had joined the Department of Education Punjab on 04.03.1977 as Junior Librarian. Later on, the post of Junior Librarian was re-designated as Assistant Librarian which was further re- designated as Librarian by the Govt. vide notification dated 18.10.1979. The posts of Librarian and Assistant Librarian were given the same pay scale. Vide order dated 09.08.2000, the petitioner was appointed as Assistant Librarian through transfer to Govt. Polytechnic for Women, Ropar which was running under the Department of Technical Education in the pay scale of Rs.4020-6200. On the recommendation of the 4th Pay Commission, the pay scale of School Librarian/ Assistant Librarian was revised from Rs.4020-6200 to Rs.4550-7220 w.e.f 01.01.1996 and the qualifications were also raised from Matric to 10+2 with a two year diploma in Library Science instead of one year diploma. She represented to the Department of Technical Education for grant of higher pay scale which was rejected vide impugned letter dated 20.01.2015 (Annexure P-6) whereby she was informed that pay scale given by Department of Education cannot be given to her and only her pay can be protected.

(3.) Upon notice being issued, the Department of Technical Education (respondents No.1 to 3) and Department of Education (respondents No.4 to 6) filed separate replies. Respondents No.1 to 3 have resisted the claim of the petitioner on the ground that her appointment by virtue of letter dated 09.08.2000 (Annexure P-1) was a fresh appointment and she was not entitled to any benefit of higher pay scale granted to her earlier.