SHAKILA DILKUSHA W/O SHRI V S BEJOY AND Vs. UNION OF INDIA

JUDGEMENT

(1.) BY virtue of this OA applicants have assailed an order passed by the respondents on 16.2.2005, whereby their request for revision of the pay scale from Rs. 5000-8000 to Rs. 5500-9000 has been turned down.

(2.) A brief factual matrix transpires that on 24.10.1991, consequent upon revision of the pay scale of Library staff, applicants were accorded the pay scale of Rs. 1400-2600 from 24.7.1990. V Central Pay Commission's recommendations contained in paragraph 11.63 led to issue of OM dated 24.7.1990 by the Ministry of Finance, where the above pay scale was accorded with a qualification at direct entry of graduate with Bachelor of Library Science as a promotional grade for Library Clerks. For this recruitment rules were to be modified by the department. Accordingly, model recruitment rules for various categories of Groups 'C' and 'D' have been promulgated by the Ministry of Personnel, Public Grievances and Pensions on 21.12.2002, whereby entry grade pay scale for departmental Librarians, possessing minimum qualification of Bachelor of Library Science along with graduate degree w.e.f. 1.1.1986, on merger of posts of Library Information Assistant and Senior Library and Information Assistant has been revised to the pay scale of Rs. 5500-9000 and incumbents of these posts have to be consequently eligible for promotion whose pay scale will remain unchanged. Applicants, admittedly, possess the requisite qualifications. Their request forwarded to Ministry of Finance has been turned down on the ground that along with applicants there is another Librarian who does not possess the prescribed qualifications. Accordingly, it is not considered feasible to grant the pay scale of Rs. 5500-9000 to applicants.

(3.) LEARNED Counsel appearing for applicants states that non-accord of benefits as envisaged by the Ministry of Finance in OM dated 21.2.2002 and rejection thereof without any justifiable reasons is illegal and extends an invidious discrimination to applicants. Applicant No. 2 was inducted in 1997 and possessed the qualification from 28.12.1998.