Decided on March 27,2018

Mrs. Zabeen Ahmed Librarian, Dr. S.K. Bhuyan Library, Cotton College Appellant
The State Of Assam Respondents


ACHINTYA MALLA BUJOR BARUA,J. - (1.) Heard Mr. M Sarma, learned counsel for the petitioner. Also heard Mr. K Gogoi, learned Standing counsel, Higher Education Department Assam, Mr. R Barpujari, learned Standing counsel for the Finance Department, Mr. RK Talukdar, learned Standing counsel, AG, Assam as well as Ms. DD Barman, learned State counsel.
(2.) On 15.05.1985, the petitioner was appointed as a Deputy Librarian in the Cotton College vide Notification dated 10.05.1985 under Regulation 3(f) of the Assam Public Service Commission (Limitation of Functions) Regulation, 1951. Thereafter, on being recommended by the APSC, the services of the petitioner was regularized by the Govt. of Assam in the Education Department by the Notification dated 08.10.1987. The Government of Assam by the Notification dated 05.08.2000 in exercise of powers conferred under the provision to Article 309 of the Constitution of India was pleased to extend the benefit of revised UGC pay scales to the Librarians of the Government Degree Colleges/Engineering Colleges including the Government Polytechnics of the State w.e.f., 01.01.1996.
(3.) The terms and conditions for grant of the UGC Scale was that the College Librarians who fulfils the minimum academic qualification prescribed by the UGC from time to time and such qualified Librarians, who are in the State scale of pay of Rs. 1375-3375 per month would be placed in the revised UGC scale of Rs. 8000-13,500/- per month. The terms and conditions further provided that the qualified Librarians shall be eligible for placement in the senior scale of pay of Rs. 10,000-15,200/- per month, if he/she has completed 8 years of service after regular appointment and on or after 01.01.1996 had participated in two refreshers courses/summer institute each for approximately 4 weeks duration or engaged in other appropriate continuing educational programme(s) of comparable quality as may be specified by the UGC and has consistently good performance appraisal reports. Although the petitioner was regularized in service as the Deputy Librarian in the Cotton College, Guwahati on and from 07.07.1987 on the recommendation of the APSC but the UGC scale of pay as indicated in the Notification dated 05.08.2000 was not given to the petitioner for reasons that the appointment of the petitioner was against the post of Deputy Librarian and not Librarian. Later on by the Notification dated 28.11.2001 of the Deputy Secretary to the Govt. of Assam in the Education Department, the post of Deputy Librarian in Cotton College and Diphu College were redesignated as Librarian with the UGC scale of pay of Rs. 8000-275-13,500/- with immediate effect.;

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