IRWIN KOUR Vs. STATE

JUDGEMENT

(1.) THE petitioner in this petition has challenged the order of Director of Libraries issued on 16 -4 -88 promoting Smt. Rabi Gupta, respondent No. 3 as classifier ignoring her seniority and merit and sought quashment of the same and further for issuing a direction to respondent No. 2 to promote her as Librarian (classifier) in place of respondent No. 3 from the date of impugned order.

(2.) PETITIONERS case is that she was selected for the post of Junior Librarian under Court; order No. 1149 of 1979 dated 9 6 -1979 and (Sic) training in certificate course. After successfully completing C. Lib course she was appointed as Junior Librarian vide order No 136 of 1980 dated 3 -9 -1980 and adjusted in Tehsil Library Nowhere. Respondent No. 3 was also appointed as Junior Librarian in the same order dated

(3.) -9 -1980 and was shown at S. No, 2 where as she was shown at S. No. Assistant Director Libraries and no doubt her date of first appointment circulated K Later on seniority list of Librarians and that of respondent No. 3 was the same but she was shown senior to respondent no. 3 on the basis of her merit. During the course of her service she qualified first in 1st year T D. C. and then in B. A in the year 1986, She was fulfilling qualification for being promoted to the post of classifier and despite that and also the fact of her being senior to respondent No. 3 she was ignored. 3. Despite opportunities granted respondent 1 land 2 did not chose to file counter. Respondent No 3 has however, filed objections in the nature of counter stating there in that the petitioner is not senior her but in fact she is senior to the petitioner and also qualified for being promoted to the post of classifier, According to her both of them joined the service as junior librarian on the same date and at that time was T. D. C. 1st year pass where as the petitioner was only matriculate and thereafter she did her course of Bachelor in Library during the year 1982 -83 but the petitioner remained as matriculate. She has further stated that for post of classifier minimum qualification required was Bachelor in Library sciences as well as graduation and as she was only fulfilling all the requirements for promotion in to the post of librarianclassifier she was promoted so. She also stated that the petitioner was not qualified for promotion as classifier. She has also now passed M. A. Examination and in this manner she was superior in merit to the petitioner.