- (1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 01 -02 -96 with a prayer that by an application writ, order or direction the order dt. 28/31 -10 -94 (Annex. 16) by which the respondent - University refused to give revised pay Scale (UGC grade) of the post of Assistant Librarian to the petitioner on the ground that he was working as Professional Assistant and not as Assistant Librarian and further the proceedings of Board of Management dt. 23 -5 -95 (Annex. 18), be quashed and set aside and the respondents be further directed to provide UGC upgraded pay scale to the petitioner on the post of Professional Assistant (Library) with all consequential benefits from the date he became Assistant Librarian.
(2.) THE facts of the case as put forward by the petitioner are as under : i) That the petitioner obtained a degree of Bachelor of Library Science (B. Lib. Sc.) with IInd Division in May, 1974 from University of Rajasthan, Jaipur and he also obtained Master 's degree in arts in History with IInd division in June, 1981 from the University of Rajasthan, Jaipur. ii) That the petitioner was initially appointed on the post of Lower Division Clerk on 16 -5 -66 in the College of Veterinary and Animal Science, Bikaner and later on he was transferred on the post of Junior Tech. Assistant (library) w.e.f. 1 -8 -72 and ultimately, the petitioner came to be promoted on the post of Professional assistant (Library) with effect from 21 -4 -79. iii) That the college of Veterinary and Animal Science was affiliated to Mohan Lal Sukhadia University, Udaipur. However, vide notification dt. 31 -7 -85, the State Government formulated the Rajasthan Agricultural University, Bikaner (hereinafter referred to as the University) and hence the College of Veterinary and Animal Science came to be affiliated to the Rajasthan Agricultural University, Bikaner. iv) That vide order dtd. 10 -12 -87 (Annex. 4). the petitioner was asked to take over full charge of the Library and discharge all the duties of the post of assistant Librarian of the College of Veterinary and Animal Science, Bikaner. The petitioner was given charge of the post of the Assistant Librarian at Bikaner on account of sad demise of Mr. A. N. Saxena, who was working as Assistant Librarian at that time. v) That in pursuance of the order dt. 10 -12 -87 (Annex. 4), the petitioner took over full charge of the post of Assistant Librarian with effect from 10 -12 -87. vi) That it is further submitted by the petitioner that he is discharging the duties of Assistant Librarian since 10 -12 -87. vii) That the petitioner further submitted that in addition to officiating work on the post of Assistant Librarian, the petitioner was also directed to assist the Honorary Librarian of the University Central Library, Bikaner in the Second Sessions of working hours vide order dtd. 15 -5 -90 (Annex. 6) viii) That thereafter a corrigendum was issued by the respondent No. 2 (Registrar, Rajasthan Agricultural University, Bikaner) on 18 -5 -90 (Annex. 7) clarifying that in the order dtd. 15 -5 -90 (Annex. 6), word ''Professional Assistant '' may be read as ''Professional Assistant and Assistant Librarian ''. ix) That it is further submitted by the petitioner that earlier one Shri A. N. Saxena was appointed on the post of Assistant Librarian in the College of Veterinary and Animal Science, Bikaner in the Rajasthan Government pay scale i.e. Non UGC pay scale vide order dt. 1 -9 -65 (Annex. 8) x) It is further submitted by the petitioner that Shri A. N. Saxena was allowed UGC pay scale with effect from 1 -7 -71 i.e. the date on which he acquired his post graduation degree vide order dtd. 7 -7 -73 (Annex. 9) xi) That the State Government issued a memorandum dtd. 24 -4 -93 (Annex. 10) with partial modification dtd. 5 -8 -93 (Annex. 11) in regard to upgraded pay scales of Government colleges, PTIs, and Librarians whereby his excellency Governor of Rajasthan was pleased to pass an order that the pay scales recommended by the UGC for PTIs and Librarians of the Government colleges drawing pay under the RCS (revised New Pay Scales) Rules, 1976 may be upgraded as mentioned in the memorandum with effect from 1 -4 -80. xii) That vide letter dt. 7 -8 -93 (Annex. 12), the Director of College education, Japer also issued directions to all the principles of Government Colleges in Rajasthan to finalise all the necessary formalities expeditiously in regard to upgraded pay scales (UGC GRADE) to PTIs and Librarians of the Government Colleges in the State of Rajasthan. xiii) That in pursuance of memorandum dtd. 24 -4 -93 and memorandum dt. 5 -8 -93 (Annex. 10 and 11 respectively), Jai Narayan University, Jodhpur vide its order dtd. 7 -7 -94 passed an order allowing the UGC upgraded pay scales to the senior Technical assistant Professional Assistant drawing pay scale under RCS (Revised Pay Scale) Rules, 1976 with effect from 1 -4 -80. xiv) That ultimately, the petitioner made a representation dtd. 14 -9 -94 (Annex. 14) through proper channel to the respondent No. 1 along with recommendation vide letter dtd. 15 -9 -94 (Annex. 15) issued by the Dean, College of Veterinary and Animal Science, Rajasthan agricultural University, Bikaner. xv) That the representation of the petitioner was rejected by the respondents vide order dtd. 28/31 -10 -94 (Annex. 16). Thereafter meeting of Board of Management was held on 23 -5 -95 and the grievance of the petitioner was discussed therein at agenda No. 7, but the same was turned down. Hence, this writ petition with the abovementioned prayer.
(3.) REPLY to the writ petition was also filed by the respondents and in that reply, the main case of the respondents is that all the pay scales of Government Colleges are not applicable to the University unless the same are made applicable to the University and further more the petitioner is not entitled otherwise also to the pay scale sought by him. Hence this writ petition should be dismissed. I have heard both and perused the record.;