KESHOTE, J. - (1.) HEARD learned counsel for the parties and perused the writ petition, reply to the writ petition, annexures and rejoinder to the reply filed by the petitioner.
(2.) THE petitioners in all 15 in number have filed writ petition under Article 226 of the Constitution of India and are praying for direction to be issued to the respondents to give them the benefits of Revised Upgraded UGC Pay-Scales i. e. Rs. 700-1600 w. e. f. 1. 4. 1980. It is next that the respondents be further directed to pay the petitioners the arrears of the fixation with interest @ 18% per-annum and to give them other consequential benefits admissible under the law as per the judgment dated 8. 10. 1990 of this Court in the case of Rajasthan University and College Physical Education Teachers' Association and another vs. The State of Rajasthan (1 ). The petitioners have passed their B. A. /m. A. and B. Lib Examinations and thereafter having been regularly selected were appointed and are working as a Librarian in various Colleges of Education Department, Government of Rajasthan, from the date of their initial appointment till date. The respondents have revised the pay-scales of the Lecturers/reader's and Professors in the UGC Pay Scales w. e. f. 1. 4. 1980 but the Pay Scales of Librarian and the Physical Education Teachers' working in the various Colleges and university have not been revised as per the UGC Pay Scales. This action of the respondents had been challenged by the Rajasthan University and College Physical Education Teacher's Association & another by filing a writ petition before this Court bearing SBCWP No. 608/1982 and the writ petition was allowed by the Court on 8. 10. 1990. Copy of the judgment is being annexed with this writ petition as (Annexure-1 ). Against this judgment of the learned Single Judge, the respondents had preferred a DBC (W) Sp. Appeal No. 119/1991. The said appeal was placed for preliminary hearing in the Court on 6. 3. 1997 and the learned Addl. Advocate General of the State had made a statement before the Division Bench that the respondents have complied with the order passed by the learned Single Judge and the payment of difference of Pay Scales and the amount of arrears have also been paid to the petitioners according to the directions given in the judgment. On this statement made by the learned Addl. Advocate General, the appeal preferred by the respondents was dismissed by the Division Bench as having become infructuous on the same day. It is urged that after this decision of the Court, the respondents are bound to give the benefits of the upgraded UGC Pay Scales to the Librarians working in the various Government Colleges and in the Universities in the State. It is submitted that the respondents have taken a stand that the benefits of the judgment of the Court in SBCWP No. 608/1982 is applicable only to those employees of the Colleges and the Universities on whose behalf the Association had filed that petition. It is expected from the respondents that they have to pass an identical order of giving benefits of revised upgraded UGC Pay Scales to the petitioners. In this petition, the petitioners have given out that the judgment of this Court in SBCWP No. 608/1982 has been complied with in the case of those persons on whose behalf or for whose benefits the writ petition had been filed but when similar benefits were not given despite of repeately requests have made by the petitioners, they sent a notice for demand of justice dated 22. 10. 1998 through their Advocate to the respondents which is annexed with this writ petition and marked as (Annexure-5 ). On this notice of demand of justice, the respondents did nothing that is how this writ petition has been filed by the petitioners in this Court.
(3.) HAVING heard the learned counsel for the parties, I am satisfied that this matter is squarely covered by the decision rendered by the Court in the Case of Rajasthan University and College Physical Education Teachers' Association & Another vs. The State of Rajasthan Learned counsel for the respondents raised only grievance that as per the criteria laid down by the U. G. C. these upgraded Pay Scales are made available to those librarians who have to their credit the degrees in second class. As all the petitioners are having a degree in IIIrd class therefore, they are not entitled for this upgraded U. G. C. Pay- scale. Though this contention is raised by the learned counsel for the respondents but the respondents have not produced the criteria as prescribing for the eligibility for getting this U. G. C. upgraded pay-scale for the Librarian before this court. Learned Counsel for the respondents made reference to the documents (Annexure R/1), the order passed by the Education Department, Govt. of Rajasthan, Jaipur which has been made to implement the order passed by this Court on 8. 10. 90 in writ petition No. 608/82. The earlier writ petition had been filed for the benefits of the PTIs' and Librarians and from the judgment of this court dated 8. 10. 90, I do not find that any such defence had been taken therein by the respondents. Not only this, this court has not made these benefits available only to those Librarians who have secured Ist or IInd Class in B. A. , B. Sc. and B. Com. and Ist or II Class M. Lib or Ist or IInd Class M. A. M. SC. and M. Com. and Ist or IInd Class B. Lib. or diploma in Library Science. Under the document (Annexure R/1) it is true, that the respondent State has made available these benefit of upgraded UGC Pay Scales on the terms and conditions that the same is admissible only to those existing incumbents who possible the qualification as aforesaid but unless this condition laid down by the UGC or by this Court under the judgment dated 8. 10. 1990, I fail to see any justification or reasonableness in these terms and conditions laid down for the admissibility of the upgraded UGC Pay Scale to the Librarians by the respondents. When this Court has accepted that the Librarians working in the various Colleges of the Government of Rajasthan and Universities are entitled for the benefit of the upgraded UGC Pay Scales without there being any condition having been imposed of Ist Class or II Class Degree or PG Degree as well as Ist Or IInd Class Degree or Diploma in Library Science how it is permissible to the respondents to put these terms and conditions vide document (Annexure-R/1 ). When this Court has already accepted this claim of the Librarians for this upgraded UGC Pay-Scales and it has to be given to all the Librarians irrespective of the fact whether they came before this Court or not. The earlier writ petition had been filed by the Association and the judgment given therein was for all the Librarians. The stand taken by the respondents first; to get a separate order from this Court for this pay scale and secondly only those existing Librarians who are I Class or II Class Degree holders in academic or in Library Science are eligible for this benefit are wholly perversed and arbitrary. ;