2025:CGHC:58708 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6296 of 2025 Order reserved on 02/09/2025 Order delivered on 03/12/2025

1 - Dr. Madhav Pandey S/o Late Shre C.G. Pandey, Aged About 61 Years Occu.- Librarian, Indra Gandhi Krishi Vishwavidyalaya Krishak Nagar Dist-

Raipur C.G.

... Petitioner(s)

versus

1 - Indira Gandhi Krishi Vishwavidyalaya, Through Its Registrar Indra Gandhi Krishi Vishwavidyalaya Distt- Raipur C.G.

---- Respondent(s)

(Cause title taken from Case Information System)

For Petitioner(s) : Mr. Praveen Verma, Advocate and Mrs. Jyoti Praveen Verma, Advocates For Respondent(s) : Mr. D.N. Prajapati, Advocate Hon'ble Shri Justice R avindra Kumar Agrawal C.A.V. Order

1. The present writ petition filed by the petitioner claiming the following relief(s):-

“(i) That this Hon. Court may be pleased to issued a VED PRAKASH writ in the nature of certiorari quashing the impugned DEWANGAN order dated 25.6.2024 ANNEXURE P/17 and after D VE ig D it a P l R ly A s K ig A n S e H d by quashing the same it may be pleased to issue a writ in DEWANGAN Date: 2025.12.05 the nature of mandamus directing the respondents to continue the petitioner till the age of 65 years i.e.

31.8.2028 with all consequential benefit and full pay.

(i-a) Therefore, it is prayed this Hon. Court may be pleased to quash the letter dated 26.12.2024 Annexure R/6.

(ii) That any other writ or writs, order or orders, direction or directions thought just and proper may also be issued.”

2. The brief facts of the case are that, the petitioner was appointed as Assistant Librarian with the Indira Gandhi Krishi Vishwavidyalaya (in short “IGKVV”) vide order dated 18.02.1994. The petitioner is qualified and having the degree of B.Lib., M.Lib., and Ph.D. in Library Science. Vide order dated 21.04.2003, he was given the benefit of senior pay-scale of Assistant Librarian and vide order dated 21.05.2009, he was given pay-scale of Deputy Librarian and vide order dated 27.03.2017, he was promoted as University Librarian. It is the claim of the petitioner that, the University Grant Commission (in short “UGC”), way back in the year 1990 declared the Librarian and Sports Officer are teaching cadre. The IGKVV is also governed by UGC, and therefore, the post of Librarian is also a teaching cadre. Based on the declaration of UGC, the erstwhile State of Madhya Pradesh vide its order dated 16.10.1990 also declared the post of Librarian is a teaching cadre and they are also entitled for same pay- scale of Assistant Professor. The UGC has further declared on 08.06.1998 that, the Librarians should be treated as Academic and Non-vocational Staff. As per the UGC recommendations, the Librarians were getting the same pay-scale with that of the Assistant Professors and they kept at par with the Assistant Professors for upgradation and promotions in their services. The channel of promotion are also same with the Assistant Professor treating the Librarians as the teaching cadre. The respondent/University running courses of Library and Information Science along with other courses including the post graduate courses. The petitioner has been duly assigned as Course Teacher of PGS 501 and engaged in Teaching Master and Ph.D. degree programme. The petitioner is engaged in teaching work as classroom teacher and is entitled to be superannuated at the age of 65 years. The petitioner was participated as Expert Member in various selection committees called by various universities and selection board. The respondent/ University is extending the same pay-scale to the Librarian and Assistant Professor. Regulation 5 of the University Regulations would also shows that Assistant Librarians are also a teaching cadre post and schedule-III of the University Regulations, 2009 is also placed the Librarian as equivalent post of Assistant Professor. It is also the case of the petitioner that, the respondent/University, in compliance of the order passed by the Indian Council for Agricultural Research (in short “ICAR