Allahabad High Court
Brijendra Pratap Singh vs State Of U.P.Through Secy.Higher ... on 17 January, 2023
Bench: Ramesh Sinha, Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 1
Case :- SPECIAL APPEAL No. - 445 of 2017
Appellant :- Brijendra Pratap Singh
Respondent :- State Of U.P.Through Secy.Higher Education Lko.And 3 Ors.
Counsel for Appellant :- Upendra Prakash Pathak,Vivek Singh
Counsel for Respondent :- C.S.C.,Rakesh Pratap Singh
Hon'ble Ramesh Sinha,J.
Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Upendra Prakash Pathak, learned counsel for appellant and Shri Umesh Chandra, learned Standing Counsel for State/respondents as well as perused the material brought on record.
2. The instant intra-Court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 has been filed against the judgment and order dated 01.09.2017 passed by Hon'ble Single Judge in Writ Petition No.1766 (S/S) of 2013: Brijendra Pratap Singh vs. State of U.P. and others which had been filed by the petitioner/appellant challenging the order dated 21.09.2012 passed by the Director, Higher Education, U.P., Allahabad, rejecting the petitioner's claim for being granted the pay-scale of Deputy Librarian w.e.f. 03.01.1994 and promotion to the post of Librarian w.e.f. 02.07.2011.
3. Briefly, stated, the facts of the case are that the petitioner/appellant was appointed as Library Assistant on 11.01.1985 and on 03.01.1994, he was assigned the duty of the post of Cataloguer by the Principal of the M.L.K. Post Graduate College (hereinafter referred to as "College") and subsequently, he was appointed as Cataloguer by means of order dated 13.10.1999.
4. The Librarian of the College retired on 30.06.2011 on attaining the age of superannuation and the post fell vacant w.e.f. 01.07.2011. The petitioner/appellant worked on the aforesaid post on officiating basis. He gave a representation to the Director, Higher Education, U.P., Allahabad, requesting that he paid salary for the post of Librarian and when no order was passed on his representation, the petitioner/appellant filed Writ Petition No.1351 (S/S) of 2012, which was disposed of by means of order dated 19.03.2012 directing the Director, Higher Education to dispose of the petitioner's representation.
5. The Director of Education, Government of U.P., Lucknow rejected the petitioner's representation by means of order dated 21.09.2012.
6. The aforesaid order dated 21.09.2012 was challenged in Writ Petition No.1766 (S/S) of 2013.
7. The Hon'ble Single Judge held that as per the Statute 18.03 of Chapter 18 of the First Statutes of Dr. Ram Manohar Lohiya Awadh University, Faizabad (hereinafter referred to as "University"), a post of Librarian is to be filled by the direct recruitment or by promotion from the post of Deputy Librarian. The post of Deputy Librarian had been abolished by means of Government Order dated 26.12.1988 and, therefore, the post of Librarian can be filed by direct recruitment only. The Hon'ble Single Judge has held that as the petitioner/appellant was working on the post of Cataloguer, he was not eligible for being promoted to the post of Librarian.
8. Learned counsel for the petitioner/appellant has submitted that since there is a provision for making recruitment on the post of Librarian by promotion from the post of Deputy Librarian and the post of Deputy Librarian has been abolished, it would naturally follow that the persons holding the post lower to the post of Librarian i.e. persons holding post of Cataloguer, would be entitled to be appointed to the post of Librarian by promotion.
9. As the Statute 18.03 of the First Statutes of University specifically provide that the post of Librarian can be filled by direct recruitment or by promotion from the post of Deputy Librarian and admittedly, the petitioner/appellant is not holding post of Deputy Librarian, he cannot be appointed to the post of Librarian by way of promotion and, therefore, we find ourselves in agreement with the view of Hon'ble Single Judge that the petitioner/appellant is not entitled to be appointed to the post of Librarian by way of promotion.
10. Regarding the claim of the petitioner/appellant for payment of salary for the period he worked on officiating basis on the post of Librarian, merely working on officiating basis does not entitled a person to claim salary for the post on which he has officiated.
11. In view of the aforesaid discussion, we find no merit in the special appeal and the same is, accordingly, dismissed.
(Subhash Vidyarthi, J.) (Ramesh Sinha, J.)
Order Date :- 17.1.2023
Shubhankar
