- (1.) This intra court appeal has been filed by appellant Jai Narain Vyas University, through its Registrar and through other appellant, The Director , K.N.College for Women, Jai Narain Vyas University, Jodhpur, against the order of the learned Single Judge passed in SBCW Petition No.620/1997 dated 11 th May, 2010 by which the learned Single Judge allowed the writ petition of the respondent and directed the appellant University to grant revised pay scale of Rs.1200-2050 to the petitioner on the post of Library Assistant w.e.f. 03.09.1992 and not w.e.f. 30.10.1993, as per the order Annex. P/12 dated 02.12.1993. The defects as pointed out by the office are waived and accordingly heard the learned counsel for the appellants on merits.
(2.) The brief facts giving rise to this appeal are that the respondent was appointed as Lower Division Clerk on compassionate ground vide order dated 09.06.1988 and she continued to work at K.N.College for Women. She was appointed on the post of Lower Division Clerk and at the relevant time the pay scale of the Counter Assistant / Library Assistant was the same and the employees were transferred from the post of LDC to Counter Assistant/Library Assistant and vice-versa and were appointed on combined strength of Lower Division Clerks and Counter Assistant. The appellants decided to revise the pay scale of Library Assistant from Rs.880-1680 to Rs. 1200-2050 w.e.f. 1988 in place of Rs.950- 1680 at par with the Government of Rajasthan.
(3.) In the University, the minimum qualification for Library Assistant was laid down as Higher Secondary with Certificate in Library Sciences. In the order of appointment of the respondent petitioner,, it was stated that she was appointed temporarily as Lower Divisional Clerk/ Library Assistant . But at the relevant time of initial appointment, respondent was admittedly not possessing Certificate in Library Sciences. But as the post of Lower Division Clerk and Library Assistant were inter-transferable, therefore, she was posted at K.N.College Women Library. In the year 1993 the University decided to revise the scale of Library Assistant from Rs.880- 1680 to 950-1680. and by the order dated 22.04.1993 the University decided to seek options from the Lower Division Clerks as to whether they were willing to work as Library Assistant in the pay scale of Rs.1200-2050 and the respondent gave her option positively and accordingly an order was passed by he appellant on 02.02.1993 appointing the respondent as Library Assistant in the pay scale of Rs.1200- 2050.;