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IN THE HIGH COURT AT CALCUTTA
SUBHENDU SAMANTA, J.
IN THE MATTER OF
Ananta Kumar De & Ors. – Appellants
Versus
The Union of India & Ors. – Respondents
W.P.A. No.15757 of 2022
Decided on : 11-03-2024
Pay Scale - Dispute over Pay Scale for Library Staff - Fourth Central Government Pay Commission, Government Order dated February 28, 1989 - The court directed the respondent authorities to confer the higher scale of pay equivalent to the pay scale of library staff of IITs and other Universities to the present writ petitioners with effect from the date of conferment of such benefits to the writ petitioners in WP No. 4239 (W) of 2000 and fixed pension and/or other retirement benefits according to such scale forthwith and take all necessary steps according to the law.
Fact of the Case:
The retired employees of Indian Institute of Management, Calcutta and the legal heirs of two deceased Senior Assistant Librarians of IIM Calcutta sought implementation of Revision of Pay and Allowance, claiming enhancement of their salary and emoluments payable during their service at IIM, Calcutta. The petitioners argued that they were similarly circumstanced employees like other IIM employees who had been given benefits in terms of orders passed by the court and upheld by the Hon’ble Apex Court in the year 2020.
Finding of the Court:
The court found that the petitioners were entitled to the same relief and benefits as the writ petitioners in WP No. 4239 (W) of 2000. The respondent authorities were directed to confer the higher scale of pay equivalent to the pay scale of library staff of IITs and other Universities to the present writ petitioners with effect from the date of conferment of such benefits to the writ petitioners in WP No. 4239 (W) of 2000 and fixed pension and/or other retirement benefits according to such scale forthwith and take all necessary steps according to the law.
Issues: Dispute over the implementation of Revision of Pay and Allowance for retired employees and legal heirs of deceased Senior Assistant Librarians of IIM Calcutta, denial of benefits to the petitioners similar to those granted to other IIM employees, and the delay in approaching the court for relief.
Ratio Decidendi: The court held that the present petitioners were entitled to the same relief and benefits as the writ petitioners in WP No. 4239 (W) of 2000, and the respondent authorities were directed to confer the higher scale of pay equivalent to the pay scale of library staff of IITs and other Universities to the present writ petitioners with effect from the date of conferment of such benefits to the writ petitioners in WP No. 4239 (W) of 2000 and fixed pension and/or other retirement benefits according to such scale forthwith and take all necessary steps according to the law.
Final Decision: The instant writ petition was disposed of, and the respondent authorities were directed to confer the higher scale of pay equivalent to the pay scale of library staff of IITs and other Universities to the present writ petitioners with effect from the date of conferment of such benefits to the writ petitioners in WP No. 4239 (W) of 2000 and fixed pension and/or other retirement benefits according to such scale forthwith and take all necessary steps according to the law.
JUDGMENT :
Subhendu Samanta, J.
1. The present writ petitioners No. 1 to 7 are the retired employees of Indian Institute of Management, Calcutta (In short “IIM, Calcutta”) and the petitioners No. 8 and 9 are the legal heirs of two deceased Senior Assistant Librarian of IIM Calcutta. The petitioners No. 1 to 7 were engaged in different posts of Librarians, Deputy Librarians, Senior Assistant Librarians in IIM Calcutta.
2. The petitioners are seeking implementation of Revision of Pay and Allowance which, according to them, in effect, amounts to enhancement of their salary and emoluments payable at the time when they served IIM, Calcutta.
3. It is the case of the petitioners that they are similarly circumstanced employees like the other IIM employees who have been given the benefits in terms of orders passed by this court as upheld by the Hon’ble Apex Court in the year, 2020.
4. For better appreciation of the matter in hand, it is necessary to elaborate the previous litigations.
5. There are some disputes and differences between the pay-scales of Teachers and Librarians in Central Government Education Institutions. Several representations were placed before the appropriate authority on earlier many occasions. The Fourth Central Government Pay Commission in his report submitted in June, 1986, noted that there are serious anomalies in the pay scales of Librarians as also in the other case, and recognised the necessity for constitution of a Committee to undertake all suitable proposals for considering the case of the Librarians.
6. Ultimately a National Expert Committee was set up under the Chairmanship of Dr. R.N. Dogra to make report in respect of revision of salary structures of Teachers and Librarians and after acceptance of the said report of Dogra Committee the government of India decided to implement the said scheme of revision of pay scale of teachers and Librarians.
7. By a Government Order dated February 28, 1989 being No.-F.6-1/88-T/5 of Ministry of Human Resources and Development (Department of Education), Government of India, a revised scale of pay was introduced for the Teachers as well as for the Librarians and Physical Education Instructors in the Engineering Colleges and other Degree Level Technical Institutes including Management Institutes. By virtue of the said notification the revised scale of pay has recommended as been extended by the IIM, Calcutta to the members of the Teaching faculty, but the Library Staff have unjustly been deprived of such benefit of revised scale.
8. Being aggrieved by the arbitrary action of the respondents in withholding of such revised scale of pay, seven (7) Library Assistants and Library Staff moved a writ petition before this court vide C.O. No. 11247 (w) of 1990. Both IIM Calcutta and Union of India filed their Affidavit-in-opposition to the writ petition. After a contested hearing the writ petition was disposed of on 09th March 1994 by the Co-ordinate bench of this Court to hold inter alia as follows:
For the reasons aforesaid this application is allowed. The Library staff of the Institute will be entitled to the benefits of the Notification dated February 28, 1989 which are applicable to the Library staff of the University as provided in the said Notification.
The Central Government is directed to provide funds for implementation of the Notification dated 28.02.1989 so far as the Library staff of the Indian Institute of Management is concerned. Let the funds be provided by the Government within three months from the date of communication o
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