JUDGEMENT
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(1.) The first petitioner, West Bengal College Librarian
Association (WBCLA in short) is a duly registered society and the second
petitioner, Arun Kumar Ghatak is the General Secretary of the said
Association.
(2.) The petitioners initiated the writ proceedings, W. P. No. 1916 of 2005
in this Court as representatives of the librarians serving in various nongovernment
colleges, which are affiliated to different Universities in the
State, primarily claiming the status of the librarians of Non-Government
Colleges as teachers and on that basis the same service conditions as that
of the teaching staff of all such colleges in the State.
Before initiation of the present writ proceedings the petitioners,
however, visited this Court with an earlier writ petition, W. P. No. 1569 of
2003, inter alia, claiming that the service conditions of the librarians of
Non-Government Colleges in the State should be similar to the teaching
staff or rather the teachers of such Non-Government Colleges and the said
writ petition culminated in an order in which this Court observed (Bhaskar
Bhattacharya, J.) that "whether the members of the first petitioner should
be given the status of teaching staff is a question which is premature at
this stage so long the service conditions are not framed".
After making the above observations the Court was pleased to
dispose of the writ petition with certain specific directions, for the sake of
convenience the directions with which the writ petition was disposed of on
2 April 2006 by this Court are set out below:-
"I thus, propose to dispose of this writ application by directing the
State respondents to immediately constitute a committee of experts for the
purpose of framing the conditions of service of librarians. While framing
such service conditions, the committee will give an opportunity of hearing to
the representatives of the petitioner no.1 and also take into consideration the
various recommendations already given by other committees or experts in
the past and will also examine various other conditions of service prevailing
any other universities in India. Over and above, the committee will also bear
in mind the principle of equal pay for equal work while framing such
conditions of service.
(3.) The committee should be formed within a month from today and such
committee will give its recommendation to the State Government within three
months from the formation of such committee. After submission of such
report, the State Government will take step for implementation of the
committee s report with such variation it thinks fit and proper within a
further period of two months.;
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