IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (SB) No. 271 of 2007 The State of Uttarakhand, through Secretary, Secondary Education Department, Uttarakhand, Dehradun and others. ………….Petitioners. Versus Harsh Mani Mishra and another. …..……Respondents. Mr. H.M. Raturi, Advocate for the petitioners. Mr. B.S. Negi, Advocate for respondent no. 1. Coram: Hon’ble J.S. Khehar, C.J. Hon’ble Sudhanshu Dhulia, J. The respondent H.M. Mishra was appointed as a Class-IV employee and posted at the Government District Library, Uttarkashi. The librarian posted at the aforesaid library was transferred. Resultantly, the post of Librarian became vacant. The respondent H.M. Mishra, who was holding the qualification of Diploma in Library Science was recommended for appointment as Librarian on temporary basis by the District Inspector of Schools as a matter of local arrangement to look after the vacant post of Librarian. The aforesaid recommendation was made to the Additional Director of Education, U.P. On the approval of the Additional Director of Education, U.P., the respondent H.M. Mishra commenced to discharge the duties of the post of Librarian w.e.f. 11.7.1998. He continued to do so till 26.6.2000. Based on the qualification possessed by the respondent H.M. Mishra as also the fact that he had rendered service as a Librarian w.e.f. 11.7.1998 to 26.6.2000, he sought two reliefs, firstly, he claimed salary in the scale of the post of Librarian for the period from 11.7.1998 to 26.6.2000. Additionally, he claimed 2 regularisation against the post of Librarian. Since the aforesaid reliefs were not granted to him, he approached the Public Services Tribunal, Uttarakhand by filing Claim Petition No. 172/T/2003 for the aforesaid reliefs. The Public Services Tribunal disposed of the claim application filed by the respondent by an order dated 30.11.2006. The aforesaid order passed by the Public Services Tribunal, Uttarakhand dated 30.11.2006 is subject matter of challenge through the instant writ petition. The determination of the Tribunal allowing wages to the respondent in the pay-scale of the post of Librarian w.e.f. 11.7.1998 to 26.6.2000 has been assailed by the State Government. The solitary contention advanced by the learned counsel for the petitioners during the course of hearing of the instant writ petition, is that the respondent was engaged as a Class-IV employee. He was subsequently confirmed against the aforesaid post. As such, it is submitted, that he could only claim wages of the post against which he was substantively appointed. It is pointed out that merely because he was required to discharge additional duties of the post of Librarian, as a matter of local arrangement, along with the duties of the post substantively held by him, he could not be released wages for the post of Librarian. We have considered the solitary contention advanced by the learned counsel for the petitioners. It is not disputed by the learned counsel for the petitioners that the respondent H.M. Mishra held the qualification of Diploma in Library Science. On account of the aforesaid qualification, he was recommended by the District Inspector of Schools for being temporarily appointed as Librarian so as to discharge the duties of the post of 3 Librarian, the said post having been vacated by the previous incumbent, as a matter of local arrangement. The aforesaid recommendation was approved by the Additional Director of Education, U.P., whereupon, the respondent H.M. Mishra discharged the duties of the post of Librarian from 11.7.1998 to 26.6.2000. Since admittedly the respondent had discharged duties of the post of Librarian w.e.f. 11.7.1998 to 26.6.2000, we are satisfied that the respondent was justifiably allowed the minimum of the pay-scale of Librarian for the period, he rendered service as Librarian, by the State Public Services Tribunal. For the reasons recorded hereinabove, we find no infirmity in the impugned order dated 30.11.2006. The instant writ petition is accordingly dismissed. (Sudhanshu Dhulia, J.) (J.S. Khehar, C.J) 19.2.2010 Rathour