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Judgment
D.K. Gupta, J.—This writ application is filed by the petitioners for a direction upon the respondents for their placement in senior scale in connection with their services in the post of "Assistant Librarians" under the respondent No. 1. The brief facts of the case are as under:-
The petitioner No. 1 was appointed to the post of "Junior Technical Assistants" under the respondent No. 1 in March, 1977 and she was promoted to the post of "Technical Assistant" in the year 1984. The petitioner No. 2 was appointed to the post of "Technical Assistant" under the respondent No. 2 in May, 1976. Both of them were promoted to the post of "Assistant Librarians" with effect from October, 1995 Both of them were placed to the senior scale of pay with effect from October 17, 2007.
According to the petitioners both of them were entitled for placement to the senior scale of pay attached to the post of "Assistant Librarians" with effect from October, 2001, i.e., after completion of six years of continuous services in the post of "Assistant Librarians" in view of the D.O. No. 3639 dated March 19, 1999 (Annexure P-3 at page 33 to the writ application).
In spite of filing several representations that benefit was not given to them. Though the similarly circumstanced Assistant Librarians were favoured, by the respondent authorities by extending the benefit of senior scale of pay attached to the post of "Assistant Librarians" after completion of continuous services for six years in the above post. Hence, this writ application.
On the basis of the aforesaid facts and circumstances of this case I find that the petitioners were promoted to the post of "Assistant Librarians" In October, 1995. In terms of Clause No. 7 of D.O. No. 3639 dated March 19, 1999, the minimum length of service for eligibility to move into senior scale and equivalent was six years for the petitioners. The relevant portion of the Government Order are quoted below:-
Minimum length of service for eligible to move into the grade of Lecturer (Sr. Scale) and equivalent would be four years for those with Ph.D., five years for those with M. Phil and six years for others as a Lecturer or equivalent and for eligible to move into the Grade of Lecturer (Selection Scale) and equivalent the minimum length of service as Lecturer (Sr. Scale) or equivalent shall be uniformly five years and others as specified in (8) below:
The benefit was not extended to the petitioner by an order dated October 17, 2007 (Annexure P-7 at pages 43 and 44 to the writ application) with prospective effect but the benefit of senior scale of pay was extended to another similarly circumstanced Assistant Librarian namely; Sri M. Krishnamurthy, the respondent No. 5 herein, by virtue of an order dated July 27, 2000 with retrospective effect from April 1, 1997. It is also the claim of the petitioners that the respondent No. 5 was promoted to the post of Assistant Librarian in 1991 by an Office Order No. PU/204/PRO/C/1276 dated July 27, 2000. No contrary material is available on record. Therefore, I find that there was discrimination in extending the benefit of senior scale of pay to the petitioners with prospective effect after completion of about 12 years. While such benefit was extended to the respondent No. 5 immediately after completion of six years in terms of D.O. No. 3639 dated March 19,1999.
In view of the above discussions and observations I do not find any reasonable ground for depriving the petitioners from extending benefits of senior pay scale attached to the post of "Assistant Librarians" to them after completion of their six years services in that post in terms of D.O. No. 3639 dated March 19,1999.
Therefore, I direct the appropriate authority of the respondent No. 2 to extend benefits of senior pay scale attached to the post of "Assistant Librarians" to them with effect from the date of completion of their six years services in that post in terms of D.O. No. 3639 dated March 19, 1999 within a period of six weeks from date of communication of this order together with the arrear amounts due and payable to them.
This writ petition stands disposed of.
There will be, however, no order as to costs.
Urgent Xerox certified copy of this order, if applied for, be given to the parties on priority basis.