IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 337 of 2005 1. Hemker Chandra Tripathi, S/o Late Sri B.C. Tripathi, Presently posted as Librarian in Government Post Graduate College, Ranikhet, District Almora. 2. Bijendra Singh Parmar, S/o Shri Narendra Singh, Presently posted as Librarian in Government Post Graduate College, Uttarkashi, District Uttarkashi. 3. Rajendra Prasad Sharma, S/o Late Sri Bhawani Datt Sharma, Presently posted as Librarian in Government Post Graduate College, Kotdwar, District Pauri Garhwal. …………Petitioners Versus 1. State of Uttaranchal, through Principal Secretary, Higher Education, Civil Secretariat, Dehradun. 2. Director, Higher Education, Uttaranchal at Haldwani, District Nainital. 3. State of U.P., through Secretary Higher Education, Civil Secretariat Lucknow U.P. 4. Director, Higher Education, U.P. Lucknow. 5. Union of India, through Secretary, Human Resource Development Department (Department of Education) New Delhi. ………Respondents. Mr. Anil Kumar Joshi, Advocate, present for the petitioners. Mr. Subhash Upadhyaya, Brief Holder, present for the State-respondents No. 1 & 2. Mrs. Beena Pande, Standing Counsel (U.P. Govt.), present for the respondents No. 3 & 4. Hon'ble Prafulla C. Pant, J. Hon’ble Alok Singh, J. (Oral-Hon’ble Prafulla C. Pant, J.) By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioners have sought writ 2 in the nature of certiorari quashing the order dated 21.11.2005, passed by respondent No.1 (copy Annexure-1 to this writ petition), whereby representation of the petitioners for Senior Pay Scale and Selection Grade has been rejected. Also, a mandamus has been sought directing the respondents to grant Senior Pay Scale and Selection Grade to the petitioners. 2. Heard learned counsel for the parties and perused the affidavits, counter affidavit and rejoinder affidavit filed on their behalf. 3. Brief facts of the case, as narrated in the writ petition, are that the petitioners are working as Librarians in the Government Post Graduate Colleges in the State of Uttarakhand. Earlier, they filed Writ Petitions No. 104 of 2005 (S/B), 107 of 2005 (S/B) and 108 of 2005 (S/B), which were disposed of by this Court vide its order dated 14.06.2005. In pursuance to said order, the representation made by the petitioners was rejected vide order dated 14.09.2005 by the Director, Higher Education. Consequently, the petitioners filed Writ Petition No. 247 of 2005 (S/B) before this Court. After hearing the parties said writ petition was disposed of vide order dated 21.10.2005 (copy Annexure-6 to this writ petition), whereby respondent No.1 was directed to decide the representation of the petitioners afresh, as it was not the Director but the respondent No.1 who had to decide that representation moved in pursuance to order dated 14.06.2005. The respondent No.1 vide its impugned order dated 21.11.2005 has rejected the representation of the petitioners stating that the petitioners are not entitled to the Senior Pay Scale and Selection Grade claimed by them, as they are not the Librarians in the Universities. Now, this is the third round of litigation and the petitioners have 3 challenged the impugned order dated 21.11.2005 on the ground that the petitioners who are Librarians in the Government Degree Colleges and discharging same functions cannot be treated differently to the Librarians working in the Universities. 4. Counter affidavit has been filed on behalf of the respondent No.1 in which reference has been made to the Government Order dated 29.02.1996, issued by the State of Uttar Pradesh, whereby distinction has been drawn between the Librarians working in the Universities and the Librarians working in the Government Degree Colleges. It is further stated in the counter affidavit that aforesaid Government Order explicitly provides that the Librarians in the Government Degree Colleges are not covered by Merit Promotion Scheme available to the teachers of the Government Degree Colleges and as such no Senior Pay Scale or Selection Grade can be granted to them. 5. In the rejoinder affidavit the petitioners have reiterated the averments made in the writ petition. 6. Perusal of the impugned order dated 21.11.2005 whereby the representation of the petitioners is rejected by the Secretary, Higher Education, State of Uttarakhand, shows that while considering the representation of the petitioners in pursuance to order dated 21.10.2005, passed by this Court in Writ Petition No. 247 of 2005 (S/B), reliance has been placed in the Government Order No.2452/15-11-95-14(10)/81, dated 29th February 1996, issued by the Government of Uttar Pradesh, which was applicable to the State of Uttarakhand on the date of creation of the State. 4 7. Sri A.K. Joshi, learned counsel for the petitioners submitted that similarly situated Librarians in the Government Degree Colleges in the State of Uttar Pradesh, through Uttar Pradesh Librarians’ Association filed Writ Petition No. 1303 of 2005 (S/B) before High Court of Judicature at Allahabad, Lucknow Bench, claiming Senior Pay Scale and Selection Grade. After hearing the parties a detailed judgment and order dated 12th January 2007, was passed by the Allahabad High Court, whereby the Government order dated 29.02.1996, issued by the Government of Uttar Pradesh, was quashed and it was held that the petitioners of said writ petition cannot be denied the benefit of Merit Promotion Scheme (now termed as Career Advancement Scheme). However, it is directed by the Allahabad High Court of Lucknow Bench in its judgment and order dated 12th January 2007 that the petitioners (Librarians in the Government Degree Colleges in the State of Uttar Pradesh were not entitled to arrears w.e.f. 01.04.1980, however, they were entitled for the same w.e.f. 01.01.1986, the date on which the recommendation of the Pay Commission were made enforceable. Attention of this Court is drawn to the copy of said judgment, which is filed as Annexure-2 with the affidavit dated 11th February 2009, before this Court. Annexure-1 to said affidavit further discloses that the State of Uttar Pradesh filed a petition for Special Leave to Appeal No. 14535 of 2007 before the Supreme Court of India and the same was dismissed by the apex court vide its order dated 19.12.2008. These developments are not denied by the respondents in this case. 8. In the above circumstances, the Government Order dated 29.02.1996 relied by the respondent No.1 in rejecting the representation of the present petitioners stands now quashed and the claim of the petitioners for Senior Pay Scale 5 and Selection Grade (based on Merit Promotion Scheme / Career Advancement Scheme) requires fresh consideration. Learned counsel for the petitioners further contended that the similarly situated Librarians of Government Degree Colleges in the State of Uttar Pradesh have already been granted the benefit of the aforesaid scheme vide U.P. Government Order dated 13th May 2009. 9. In the above circumstances, having considered submissions of learned counsel for the parties, the case of the petitioners for grant of Senior Pay Scale and Selection Grade (under Merit Promotion Scheme / Career Advancement Scheme) requires fresh consideration in the State of Uttarakhand. Therefore, this writ petition is allowed. The impugned order dated 21.11.2005 (Writ-38/XXIV(6)/2005), passed by respondent No.1 is hereby quashed. The petitioners are allowed to make fresh representation in the light of the development that the Government Order dated 29.02.1996, issued by the State of Uttar Pradesh has already been quashed, as mentioned above, within a period of 15 days to the respondent No.1, who shall decide the same within a period of three months from the date certified copy of this order along with representation is filed before such authority. (Alok Singh, J.) (Prafulla C. Pant, J.) 23.10.2009 NS