Delhi High Court
Union Of India (Uoi) vs Baljit Singh Rana on 5 February, 2007
Author: M Mudgal
Bench: M Mudgal, A Suresh
JUDGMENT
Mukul Mudgal, J.
1. The facts of the case have been succinctly stated by the Tribunal as under:
The applicant had been working as Librarian in the respondent's establishment in the pay scale of Rs. 1350-2200/- when, following the report of the Review Committee on Library staff working under the Central Govt. detailed instructions for restructuring/integration of the pay scales were issued by the Ministry of Finance (Deptt. of Expenditure) on 24.7.1990. These instructions were subsequently implemented by the respondents vide Air Headquarters, New Delhi letter dated 4.3.1991 (Annexure-C) exactly in accordance with the terms and conditons laid down in the M/O Finance's OM dated 24.7.90. The applicant did not, at that time, possess the degree of Bachelor in Library Science and could not, therefore, be placed in the restructured/integrated pay scale of Rs. 1400-2600/- intended to be given to officials like him working in a given set of several grades of pay. Initially a time limit of three months was allowed for the various personnel working on the Library side to opt for the above-mentioned restructured/integrated pay scale of Rs. 1400-2600/-. Subsequently, the said time limit was extended vide Air Headquarters, New Delhi letter dated 22.3.98 (Annexure R-8), permitting the Library staff to exercise their option within two months from 19.3.99 and this was allowed as a special case. Admittedly, the applicant could not acquire the degree of Bachelor in Library Science even within this extended period. In accordance with the Scheme, therefore, he continued in the old pay scale of Rs. 1350-2200/- and continued to be designated as "Librarian" and not as "LIA". The applicant acquired the degree in question in the year 1995 and soon thereafter petitioned to the respondents for his adjustment in the restructured/integrated pay scale of Rs. 1400-2600/-. The respondents took sometime to consider his petition and finally placed him in the said scale of Rs. 1400-2600/- w.e.f 21.8.96 vide Air Headquarters, New Delhi letter of the same date (Annexure R-1). In this letter, it has been mentioned that the applicant working as a Libtrarian, has been promoted to the grade of LIA w.e.f. 21.8.96. The applicant's grievance is that his placement in the restructured/integrated pay scale of Rs. 1400-2600/ has been wrongly termed as "promotion". His additional grievance is that while he should actually have been promoted to the post of Sr. LIA in the pay scale of Rs. 1640-2900/- after he acquired the degree of Bachelor of Libtrary Science, the respondents have refused to oblige. The respondents have denied the claim of the applicant amongst others on the main ground that he could not have been placed in the scale of Rs. 1400-2600/- earier than he was actually so placed. The reason given is that the applicant received the degree of Bachelor of Library Science in 1995 and thereafter some time was spent in considering the mater and the final order placing him in the scale of Rs. 1400-2600/ could be issued only on 21.8.96. The respondents have termed the placements of the applicant n the said scale of Rs. 1400-2600/- as "promotion" and have even referred to the DPC's decision placing him in that grade.
2. The only issue involved in the present case is interpretation of Review Committee report on Library staff under the purview of Central Government. The relevant recommendations of the Review Committee reads as under:
The employees in the scales of pay indicated in column 3 of table under para 2.1 may be placed in the revised scales shown there against in column 4 provided the incumbent fulfills the recruitment qualifications as indicated in Annexure I to this O.M. In case existing incumbent does not fulfill the qualification as laid down in Annexure I, he will continue in the existing scale of pay on personal basis. However, as and when the post falls vacant, it will be filled up in the appropriate scale in accordance with the rules of recruitment.
3. It is not in dispute that the respondent acquired the relevant qualification that is Bachelor Degree in Library Sciences on 6.2.1995. It is also not in dispute that he was promoted to the post of Library Assistant on 7.8.1996. The dispute only pertains to the emoluments for the period February 1995 to August 1996. The learned Counsel for the petitioner has, therefore, urged that Review Committee did not provide for any acquisition of a qualification subsequent to the dates of the Review Committee Report and consequently submitted that selection for the post of LIA would have been made only on the basis of relevant Rules. The relevant portion of the rules reads as under:
Name of Number of Classification Scale of pay Whether selection post
the post posts or non-selection post
1. 2. 3. 4. 5.
Library & 26 (1994) General Central 1400-40-1600- non-
selection
information Service, Group C 50-2300-EB-
Assistant Non-Gazetted 60-2600
Non-Ministerial
4. The only relevant circumstance required to be considered is that the said Rule shows that the post was not even a selection post. We are of the view that the Report of the Review Committee clearly intended that the qualification such as Bachelor of Library Sciences entitled the incumbent for the higher salary of LIA. The petitioner had acquired such qualification in February 1995. It is clear that the Review Committee Report does not rule out grant of a higher pay scale to the respondent. We are of the view that the Committee Report clearly intended to reward incumbents acquiring higher qualifications. The petitioner acquired these qualification in February 1995. Furthermore the grant of the higher scale became available to the respondent upon the acquisition of the Bachelor's degree in Library Sciences, since the post was a non selection post. Since the Tribunal has directed the petitioner to consider the grant of the emoluments of the Library Information Assistant to the respondent only for the period February, 1995 till August 1996 and also to appraise the case of the respondent for promotion to the post of Senior Library Information Assistant as per the Rules we are satisfied that such an order does not call for any interference under Article 226 of the Constitution of India. Accordingly the writ petition is dismissed.
5. The directions given by the Tribunal, if not already complied with, shall be complied not latter than 15th April, 2007.
