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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, J.
Smt. Manjula Shukla, wife of late Hari Dutta Shukla – Appellant
Versus
State of Chhattisgarh Through : The Secretary, Higher Education Department – Respondent
WPS No. 4708 of 2016
Decided on : 19-12-2023
PAY SCALE - Assistant Librarian - Order dated 16.10.1990, Sixth Pay Commission - The court discussed the petitioner's entitlement to the pay scale of Rs. 2200-4000/- from the date of her appointment, the benefit of the Sixth Pay Commission, and the grant of increment in the pay scale of Rs. 8,000-13,500/-. The court referred to the order dated 16.10.1990 and the implementation of the Sixth Pay Commission in government and government-aided colleges. The court highlighted the petitioner's eligibility and qualification for the post of Librarian and the discrimination in granting pay scale and benefits, ultimately directing the respondent authorities to grant the requested pay scale and benefits to the petitioner.
Fact of the Case:
The petitioner, an Assistant Librarian, sought proper pay scale, increment, and promotion to the post of Librarian, which were dismissed by the respondent. The petitioner had been working since 1988 and fulfilled the qualifications for the post of Librarian. Despite multiple representations, the petitioner was denied the pay scale and promotion, leading to the filing of the instant petition.
Finding of the Court:
The court found that the petitioner was entitled to the pay scale of Rs. 2200-4000/- from the date of her appointment, the benefit of the Sixth Pay Commission, and the grant of increment in the pay scale of Rs. 8,000-13,500/-. The court also noted the discrimination in granting pay scale and benefits to the petitioner and directed the respondent authorities to grant the requested pay scale and benefits.
Issues: The issues involved the petitioner's entitlement to the pay scale, benefit of the Sixth Pay Commission, and grant of increment, as well as the discrimination in granting pay scale and benefits.
Ratio Decidendi: The court held that the petitioner, being eligible and qualified for the post of Librarian, was entitled to the requested pay scale and benefits, and the discrimination in granting pay scale and benefits was unjustified.
Final Decision: The petition was allowed, and the respondent authorities were directed to grant the pay scale of Rs. 2200-4000/- from 16.08.1988, extend the benefit of the Sixth Pay Commission to the petitioner, and calculate all arrears of pay scale within four months from the date of the court's order, failing which the same shall carry interest at 6% per annum.
ORDER :
1. The petitioner has filed the instant petition under Article 226 of the Constitution of India being aggrieved by order dated 05.07.2016 (Annexure P/1) passed by the Commissioner/Respondent No.2, whereby the representation of the petitioner for fixation of proper pay scale, grant of increment, extension of benefit of 6th Pay Commission and promotion to the post of Librarian has been dismissed.
2. Brief facts of the case, as projected by the petitioner, are that on 14.08.1988 (Annexure P/2) the petitioner was appointed as Assistant Librarian in the respondent/College against the regular vacant post in the pay scale of Rs. 575-800/- and since then the petitioner is discharging her duties. The pay scale of Rs. 575-800/- granted to the petitioner was upgraded from time to time in pay scale of Rs. 950 in the year 1990, 1150-1800 in the year 1991 and finally vide order dated 23.12.2006, the pay scale of Rs. 1740-3000/- of University Grants Commission was granted to the petitioner with effect from the date of appointment i.e. 16.08.1988, applying & in compliance of order dated 16.10.1990 of State and the same is in accordance with Fifth Pay Commission. According to the petitioner, she is entitled for the pay scale of Rs.2200-4000/- in accordance with scheme of University Grants Commission and order dated 16.10.1990 of State Government, from the date of her initial appointment i.e. 16.08.1988, as she fulfills the qualification and eligibility prescribed for the post of Librarian from the date of her appointment, having qualification of B.Lib. with more than 50% and M. Lib. with more than 55% and she would have been upgraded with the Sixth Pay Scale also. According to the petitioner, identically placed Assistant Librarian namely Smt. Usha Tiwari has been granted pay scale of Librarian of Rs. 2200-4000/- from the date of her eligibility i.e. 12.06.1987 though worked till 18.10.2006 as Assistant Librarian. Further, the other similarly placed Assistant Librarians namely Anila Sharma and Anita Saxena have also been granted the pay scale of Rs. 2200-4000/-. The petitioner is also getting the pay scale of Rs. 1740-3000 applying order dated 16.10.1990 issued by the respondent State but for applying pay scale of Rs. 2200-4000 of the same order dated 16.10.1990, claim of petitioner is dismissed on the ground that the respondent/college is a private college. According to the petitioner, since she was eligible and qualified for the post of Librarian right from the date of her appointment, therefore, a letter dated 18.08.2004 (Annexure P/8) was issued by the Respondent No. 2 to the respondent College for sending proposal for up-gradation of the post of petitioner in the post of Librarian, and in pursuance of said letter dated 18.08.2004, recommendation was sent by the Respondents No. 3 & 4, providing detail information and requirement of up-gradation of post of Assistant Librarian of petitioner in the post of Librarian with additional financial burden of Rs. 18000/- yearly, however, vide letter dated 20.08.2013 (Annexure P/9), the Respondent No. 3 submitted before the Respondent No. 2 that the respondent college never demanded pay scale of Librarian for the petitioner. According to the petitioner, despite being eligible and qualified for the post of Librarian right from the beginning, the petitioner has not been given benefit of increment scheme of the State Government and despite serving on the same post of Assistant Librarian and same pay scale of Rs. 1740-3000/- for more than 25 years, the petitioner has not been granted any increment and pay scale of the higher post till date, whereas, when recommendation was sent by the respondent college to the Respondent No. 2 on 28.08.2008, the proposal was changed and directed to send the proposal of first increment, pay scale of Rs. 6500-200-10500/-, which is not the pay scale of University Grants Commission, whereas the petitioner has already been granted University Grants Commission pay scale of
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