A.K. Mitra, J. - (1.) The challenge in this writ petition is the alleged reduction of pay by a Government notification in respect of the pay of Librarians of different rural Libraries designated as Library Assistants in respect of District/Sub -Divisional Libraries. According to the Petitioners they were provisionally engaged as Librarians of different rural Libraries in the pay scale of Rs. 300 -685 which was subsequently revised under Ropa 81, Ropa 90 and also under Ropa 98. The Petitioners were appointed on different dates and initially were posted in different places. A statement showing their initial postings has been made annexure 'PI'. The Petitioners further stated in the writ petition that they were appointed as Library Assistants in respect of District/Sub -Divisional Libraries and perormed their duties as Librarians of rural Libraries at the pay scale of Library Assistants of District/Sub -Divisional Libraries and that of rural Libraries. According to the Petitioners the prescribed qualification was Matriculation or equivalent. In the year 1967 the Deputy Secretary to the Govt, of West Bengal through his memo dated August 23, 1967 addressed to the Director of Public Instructions, West Bengal while prescribing revised pay scale for the staff of Government sponsored Libraries set down the following conditions: 'Revision of Pay and Allowances : Such existing staffs of the Government sponsored Library as do not possess qualifications both academic and training specified in the annexure in respect of corresponding posts, are permitted to continue to work in their respective posts on existing pay scale till they acquire the respective qualifications'. The Petitioners have made the said memo annexure 'P2' to the writ petition. Through another memo dated February 9, 1980 of Sri P.K. Kundu, Deputy Secretary to the Govt, of West Bengal, Education Department (Social Education Branch) addressed to the Director of Public Instructions, West Bengal, while inaugurating the procedures of establishment of Government sponsored Libraries and appointment of staff thereto stated inter alia that for the present appointment of staff will be given by the President of the Library Committee on the basis of selection of District Advisory Council of Social Education/Local Library Authority specifying certain existing service conditions, pay scales, allowances etc. as approved by the Director of Public Instructions, West Bengal as per proforma in Appendix -A.
(2.) It was further stipulated that if provisionally qualified candidates are not found from Government/public Library employees, the employment exchange may be requested to send the name of candidates having minimum academic qualifications for consideration of appointment. Such candidates, if selected and appointed, will have to undergo professional training as required for the respective posts within three years from the date of joining. Till his acquiring such professional qualifications he will not be eligible for annual increment in the pay scale which will be of appointment. The Petitioners annexed this memo dated February 9, 1980 as annexure 'P3' to the writ petition. The Petitioners alleged that in memo dated February 11, 1981 of Sri Rule Chowdhury, Deputy Secretary to the Govt, of West Bengal, Educational Department addressed to the Director of Public Instructions, West Bengal, it has been stipulated inter alia that for Librarians of rural Libraries/Primary Unit Libraries and for Library Assistants of Town and Sub -Divisional Libraries the candidates should have passed School Final and should have possessed certificate in Library Science. Certificate in Library Science means certificate obtined from any of the following institutions: 1) Bengal Library Association; 2) Training Centre attached to District Library, Ram Krishna Boys' Home, Rahara; 3) Training Centre attached to Janata College, Kalimpong and; 4) Any other equivalent training centers recognised by the State Government. It was further stipulated that appointments of staff in sponsored Libraries must be approved by the concerned District Advisory Council for Social Education. The copy of the said memo dated February 11, 1981 has been made annexure 'P4'.
(3.) The Petitioners further alleged in annexure -(ii) of memo No. 372 Edn. (b) dated July 31, 1981 of the Assistant Secretary, Education Department (Budget Branch), the pay scale of such categories of employees including Library Assistants has been prescribed and for Library Assistants three pay scales have been prescribed as furnished below: Library Assistants : i) For graduate with Diploma in Library Science - Rs. 425 -895/ -; ii) For Matriculation with or without certificate in Library Science - Rs. 300 -685/ -; iii) Other non -Matriculations - Rs. 260 -337/ -. The copy of the memo dated July 31, 1981 has been made annexure 'P5' to the writ petition. The above referred memo, according to the Petitioners clearly states that both matriculate with certificate in Librarianship and matriculate without certificate in Librarianship got recruited as Library Assistants in Town/Sub -Divisional Libraries and as Librarians in rural Libraries.;