- (1.) HEARD Sri Sudeep Seth, learned counsel for the petitioner and the learned Standing Counsel.
(2.) THE petitioner has filed instant writ petition against the order dated 12. 2. 2004 passed by the Director, Higher Education, U. P. Allahabad by which the petitioner has been denied the revised pay-scale of Rs. 8000-13500 in accordance with the Government Order dated 26. 12. 1998. The brief facts of the case are that the petitioner was appointed on the post of Deputy Librarian by the order dated 29. 11. 1996 in the pay-scale of Rs. 2200-4000. The petitioner has alleged that on 29. 2. 1996 a Government Order was issued by which the pay-scales recommended by U. G. C. to the post of Librarian/deputy Librarian/assistant Librarian were sanctioned by the State Government. Learned counsel for the petitioner submits that on 10. 7. 1998 the State Government issued a Government Order by which the pay-scale sanctioned to the Deputy Librarian working in the colleges was revised w. e. f. 1. 1. 1996. He further submits that the Government Order dated 29. 2. 1996 was modified by a subsequent Government Order dated 26. 12. 1998 in respect to the Deputy Librarian who were working in the Non-Government Colleges and by the said Government Order it was provided that the Deputy Librarian working in the Non-Government Colleges will also be eligible for pay-scale of Rs. 2000-3200 revised to Rs. 2200-4000 now revised to Rs. 8000-13500. He further submits that the petitioner has completed her post graduation in August 2000 and as such she was entitled for benefit of the Government Order dated 26. 12. 1998 but in a most arbitrary and illegal manner the impugned order dated 12. 2. 2004 was passed. Learned counsel for the petitioner has relied upon the decision dated 16. 1. 2007 passed by Hon'ble Single Judge of this Court at Allahabad in writ petition No. 21107 of 2003.
(3.) THE learned Standing Counsel appearing on behalf of the opposite parties submits that the petitioner who was working as Deputy Librarian in the college was not having the requisite qualification as he was not post graduate at the time when the Government Order dated 26. 12. 1998 was issued. He further submits that the post graduation was done by the petitioner in the year 2000 and as such the petitioner is not entitled for the benefit of the Government Order dated 26. 12. 1998 and for the grant of U. G. C. Pay-scale of Rs. 8000-13500 and there is no illegality in the impugned order dated 12. 2. 2004. We have considered the submissions made by the learned counsel for the parties and gone through the record.;