- (1.) PETITIONERS, who are nine in number, were appointed as Li brarian in various Degree Colleges affiliated to Veer Bahadur Singh Purvanchal University, Jaunpur between the year 1973 to 1987. The pay-scales admissible to the post of Librarian in various Degree Colleges were classified having regard to the strength of students and qualifications of the incumbent. Different pay-scales were provided for such categories of post.
(2.) FOR ready reference, it may be pointed out that a Librarian working in the institution where the strength of the students was more than 2000, the pay-scale admissible was Rs. 1000-1900 for 'a' category of the institution. In respect of [b' category Degree Colleges, pay-scale admissible was Rs. 690- 1420. Similarly in respect of 'c' category institution where strength of students was less than 2000, the pay-scale to the post of Librarian was Rs. 690-1420 and Rs. 570-1100. The pay-scale admissible to the aforesaid categories of Librarian were revised under the Government Order dated 4lh October, 1989. The pay-scale of Rs. 1000-1900 was revised to Rs. 2350-4300; pay-scale of Rs. 690-1420 was revised to Rs. 2000-3200; and pay-scale of Rs. 570-1100 was revised to Rs. 1400-2600. During the period, the aforesaid revised pay-scales have been enforced under the Government Order dated 4ih October, 1989. The State Government hav ing regard to the recommendations of the University Grants Commission decided to provide the pay-scale as recommended by the University Grants Commission to the Librarian working in various institutions with the rider that such incumbents must fulfil the qualification prescribed under Schedule 'ka' as notified by the University Grants Commission for the post of Librarian. Under the aforesaid Government Order, the pay-scale admissible to the affiliated/associated Degree Colleges was fixed at Rs. 2200-4000 w. e. f. 1st Janu ary, 1996. Parishistha 'ka1 to the said Government Order provides that the Librar ian concerned must have to his credit a Post-Graduate degree in 1st Class and 2nd Class or Master of Librarian or degree in Library Science/diploma in 2nr) Class. Therefore, the persons like the petitioners who had a degree in 3rrj Division did not become entitle for grant of pay- scale of Rs. 2200-4000 as per the recommenda tion of University Grants Commission. Petitioners, therefore, approached this Court by means of the present writ petition alleging therein that the qualification of Librarian working in Degree Colleges on the basis of the percentage of marks (division in which they have passed the Post-Graduate examination/library Sci ence degree/diploma) amounts to a qualification in a homogeneous class and without there being any nexus to the object sought to be achieved, therefore, arbitrary under Article 14 of the Constitution of India.
(3.) IT is contended that at the time the petitioners had entered into the service, the qualification possessed by them was in accordance with rules and, therefore, they were offered appointment as Librarian in Degree Colleges like any other person who had passed post-graduate degree in 15t and 2nd Division or degree in Library Science in 2nd Division. IT is further contended that in a Degree College there is one sanction post of Librarian and, therefore, the denial of higher pay-scale to the persons like the petitioners who had performed identical duties like a Librarian having possessed post-graduate degree in 1st Division is highly discrimi nated. In view of the aforesaid, it is contended that this Court may pass appropri ate direction to the respondent authorities to grant the pay-scale of Rs. 2200-4000 to the petitioners also. It is also contended that the respondents cannot be permitted to change service conditions unilaterally after the petitioners have been inducted into service.;