Gulab Singh Thakur vs State of H.P.

Surinder Singh, J.—The petitioner is a Librarian in the office of the Advocate General. He seeks the following relief(s):-

That a writ in the nature of mandamus may kindly be issued directing the respondent-State to forward the proposal for the upgradation of the post of Librarian to that of Chief Librarian or the creation of the post of Chief Librarian in the office of respondent Advocate General.

That further a writ in the nature of mandamus may kindly be issued directing the respondent-finance department to accord sanction to the post of Chief Librarian in the pay scale of Rs. .7880-11660 + 400 SP (pre-revised), from the date of first representation dated 16.6.2000 (Annexure P-7) and as recommended by the respondent Advocate General vide Annexure P-8 in the interest of justice.

The petitioner was appointed as a Class-IV employee in the office of Advocate General on 14th December, 1972. After putting about 5 years of service, he was promoted as Clerk on adhoc basis, thereafter on 29th February, 1980 as Librarian against a temporary post, that too on adhoc basis. Later, he was confirmed as Librarian in the month of November,1985, since then, he is working as a Librarian. Now he is to superannuate on 30th April, 2012.

The learned Advocate General sent various communications to upgrade the post of Librarian to that of Chief Librarian. One of such communications was sent on 10th July,2000, followed by another letter dated 9.1.2001 and in the year 2002 as well as 2003 etc., but the Government did not accede to the request as having been turned down by the Finance Department, though the fact that the office of the learned Advocate General gave functional justification.

Lastly on 4.10.2010, the Administrative Department on the request of the learned Advocate General recommended the case of the petitioner to upgrade the post of Librarian to that of Chief Librarian as a measure personal to the petitioner with the stipulation that the post will revert automatically to the level of the Librarian on his retirement. The Special Secretary (Home) vide his note dated 15.10.2011, strongly recommended justifying the proposal and even the Principal Secretary (Home) vide noting dated 17.10.2011 requested the Finance Department to consider the said proposal, but ultimately on 1.11.2011, the Finance Department ordered to pend the proposal till the "Assured Career Progression Scheme" and guidelines are framed by the Government in F.D.

As per para-2 of the reply filed by respondents No.2 & 3, the petitioner was accorded three proficiency step-up after completion of 8, 16 and 24 years in the pre-revised scale under the Assured Career Progression Scheme, which means that after the new Pay-scale, the ACP Scheme/ guidelines have not been framed by the State Government.

Since the petitioner is to retire on 30.4.2012 after putting in approximately 30 years of service as Librarian and there is no adverse remark/ entry against him, therefore, in view of the aforesaid stated position, the 2nd respondent is hereby directed to forward the proposal for upgrading the post of Librarian to that of Chief Librarian to the Finance Department forthwith, as personal measure to the petitioner in the peculiar circumstances stated above, on the receipt of the copy of this judgment/ order and the Finance Department shall take final decision in the matter within 10 days on its receipt.

With this direction, petition stands disposed of, so also the pending application (s), if any. An authenticated copy of this judgment be supplied to the petitioner.