Full Judgment Text
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PETITIONER:
SAHIB RAM
Vs.
RESPONDENT:
THE STATE OF HARYANA AND OTHERS
DATE OF JUDGMENT19/09/1994
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
VENKATACHALA N. (J)
CITATION:
1995 SCC Supl. (1) 18 JT 1995 (1) 24
1994 SCALE (4)605
ACT:
HEADNOTE:
JUDGMENT:
ORDER
1. Leave granted.
2 The appellant was appointed in July 29, 1972 as a
Librarian in government College in the Pay-scale of Rs.220-
550. The Haryana government accepting the recommendations of
government of India and the University grants Commission
upgraded the pay-scales of Librarian with effect from 1st
January, 1973 to Rs.7001600, if they possessed a minimum
educational qualification of first or second Class M.A., M.
Sc., M.Com plus a first or second Class B.Lib. Science or a
diploma in Library Science, the degree of MLib. being a
preferential qualification. Thereafter taking into
consideration, representation made by several Librarian
appointed prior to 3 l st December, 1972 and of the
recommendations of the University grants Commission, the
government of India in their proceedings of January 16, 1987
relaxed the requirement of securing first of second class in
MA., M.Sc., MCom. and other prescribed educational
qualifications, by an order which was in the following
terms:
"it has now been decided, on the
recommendation of the UGC, that the existing
incumbents of the post of Librarians in
College who have been appointed to these posts
on or before 3.12.1972 may be sanctioned the
upgraded scale of Rs. 700-1600 in relaxation
of the qualification prescribed in Annexure-l
referred to above without insisting on a first
or second class in the degree, diploma or
other prescribed educational qualification."
3. The Principal of the College, where the appellant was
working as a Librarian allowed to him the revised pay-scale
of Rs.700-1600 purporting to act under the above order.
However, the govt. of Haryana directed the Principal to
withdrew the pay-scale of Rs.700-1600 allowed to appellant.
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The appellant had challenged their direction in C.W.P. No.
10988 of 1993 in the High Court of Punjab and Haryana. The
High Court by the impugned order dated September 9, 1993
dismissed the writ petition. Thus this appeal by special
leave.
4. Mr. Prom Malhotra, .learned counsel for the appellant,
contended that the previous scale of Rs. 220-559 in which
the appellant was entitled became Rs.7001600 since the
appellant had been granted that scale of pay in relaxation
of the educational qualification. The High Court was,
therefore, not right in dismissing the writ petition. We do
not find any force in this contention. It is seen that the
government in consultation with the University grants
Commission had revised the payscale of a Librarian working
in the Colleges to Rs. 700-1600 but they insisted upon the
minimum educational qualification of first or second class
M.A.,., M. Com. plus a first or second class B.Lib. Science
or a diploma in Library Science. The relaxation given was
only as regards obtaining first class or second class in the
prescribed educational qualification but not relaxation in
the educational qualification itself.
5. Admittedly the appellant does not
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possess the required educational qualifications. Under the
circumstance the appellant would not be entitled to the
relaxation. The Principal erred in granting him the
relaxation. Since the date of relaxation the appellant had
been paid his salary on revised scale. However, it is not on
account of any mis-representation made by the appellant that
the benefit of higher pay-scale was given to him but by
wrong construction made by the Principal for which the
appellant cannot be held to be at fault. Under the
circumstances the amount paid till date may not be recovered
from the appellant. The Principle of equal pay for equal
work would not apply to the scale prescribed by the
University Grants Commission. The appeal is allowed partly
without any order as to costs.
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