GULAB SINGH THAKUR, S/O LATE SH. SHANKAR SINGH THAKUR, R/O VILLAGE HORI, P.O. BEOLIA, TEHSIL & DISTRICT SHIMLA, H.P., PRESENTLY WORKING AS LIBRARIAN IN THE OFFICE OF ADVOCATE GENERA Vs. STATE OF H.P. THROUGH SECRETARY, FINANCE

JUDGEMENT

(1.) THE petitioner is a Librarian in the office of the Advocate General. He seeks the following relief(s): - That a writ in the nature of mandamus may kindly be issued directing the respondent -State to forward the proposal for the upgradation of the post of Librarian to that of Chief Librarian or the creation of the post of Chief Librarian in the office of respondent Advocate General. That further a writ in the nature of mandamus may kindly be issued directing the respondent -finance department to accord sanction to the post of Chief Librarian in the pay scale of '.7880 -11660 + 400 SP (pre - revised), from the date of first representation dated 16.6.2000 (Annexure P -7) and as recommended by the respondent Advocate General vide Annexure P -8 in the interest of justice. The petitioner was appointed as a Class -IV employee in the office of Advocate General on 14th December, 1972. After putting about 5 years of service, he was promoted as Clerk on adhoc basis, thereafter on 29th February, 1980 as Librarian against a temporary post, that too on adhoc basis. Later, he was confirmed as Librarian in the month of November,1985, since then, he is working as a Librarian. Now he is to superannuate on 30th April, 2012.

(2.) THE learned Advocate General sent various communications to upgrade the post of Librarian to that of Chief Librarian. One of such communications was sent on 10th July,2000, followed by another letter dated 9.1.2001 and in the year 2002 as well as 2003 etc., but the Government did not accede to the request as having been turned down by the Finance Department, though the fact that the office of the learned Advocate General gave functional justification.

(3.) AS per para -2 of the reply filed by respondents No.2 and 3, the petitioner was accorded three proficiency step -up after completion of 8, 16 and 24 years in the pre -revised scale under the Assured Career Progression Scheme, which means that after the new Pay -scale, the ACP Scheme/ guidelines have not been framed by the State Government.