CWP(T) No. 4760 of 2008 24.05.2010 Present: Mr. Dilip Sharma, Advocate, for the petitioner. Mr. R. K. Sharma, Senior Addl. Advocate General with Mr. R. M. Bisht, Dy. Advocate General and Mr. P. M. Negi, Dy. Advocate General, for the respondents/State. According to Mr. Dilip Shama, learned Counsel for the petitioner, the matter in issue is squarely covered by a decision rendered by this Court on 18.5.2009 in CWP(T) No. 4436 of 2008, titled as Sh. V. D. Sarswati and others versus State of H.P. and another, copy of which is taken on record. The facts are almost identical. According to him same order is to be passed in the instant case. 2. There is no dispute that the State of Himachal Pradesh has issued letter dated 31.3.1995 whereby U.G.C. Grade and revised pay scale has been accorded to 20 Senior Assistant Librarians working in District/Public and Central State Library, Solan. According to the learned counsel, the petitioner was working on the said post of Senior Assistant Librarians in District/Public and Central State Library, Solan as on 31.3.1995. 3. According to the learned counsel for the respondents, petitioner is not in the said 20 Senior Assistant Librarians with regard to whom the said letter was issued. Nothing has been brought on record to substantiate this contention. The respondents have taken a view that petitioner is not entitled for the said scale for the reason that his recruitment is after 31.12.1972 and the relaxation with regard to the eligibility criteria has been accorded only for the purposes of recruitment and grant of State pay scale. -2- 4. Insofar as U.G.C. scale is concerned petitioner is to be governed by the terms and conditions laid down by the U.G.C. The stand taken by the respondents prima facie is contradictory and untenable in law. The decision of the Government does not carve out any distinction as is sought to be urged in the present proceedings. The terms of the letter unambiguously clarified that 20 Senior Assistant Librarians working in District/Public and Central State Library, Solan would be entitled to U.G.C. grade of Rs. 700-1600 w.e.f. 1.4.1980 and revised pay scale from 1.1.1986 as per details mentioned in the said letter. 5. For the aforesaid reasons the present petition needs to be allowed. Respondents are directed to immediately pay to the petitioner pay scales in terms of the directions given in the case V. D. Sarswati (Supra). Payment shall be disbursed within a period of three months from today failing which, thereafter petitioner shall be entitled to interest @ 9%. Petition is disposed of. (Sanjay Karol), Judge. May 24, 2010 (PK)