Madras High Court
A.Gunasekaran vs Dr.S.Muthukumar on 8 February, 2021
1 CONT.P.(MD)NO.103 OF 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.02.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
CONT.P.(MD)No.103 of 2019 in
W.P.(MD)No.5972 of 2014
A.Gunasekaran,
Librarian Grade-I(Special Grade),
(Now Retired),
Tamil University,
Thanjavur, Thanjavur District. ... Petitioner/Petitioner
Vs.
Dr.S.Muthukumar,
Registrar,
Tamil University,
Vagai Valagam, Thanjavur,
Thanjavur District. ... Respondent/Respondent
Prayer: Contempt petition is filed under Section 11
of Contempt of Courts Act, 1971, to punish the respondent
herein for his deliberate and willful disobedience of the order
of this Court dated 16.02.2018 in W.P.(MD)No.5972 of 2014
amounting to Contempt of Court under Article 215 of the
Constitution of India r/w. Section 11 of the Contempt of Courts
Act, 1971.
For Petitioner : Mr.K.Prabhu
For Respondent : Mr.T.Sakthikumaran
***
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2 CONT.P.(MD)NO.103 OF 2019
ORDER
Heard the learned counsel appearing for the
petitioner and the learned Standing counsel appearing for the
respondent University.
2. The learned counsel appearing for the petitioner
alleges that the order passed by this Court on 16.02.2018 in
W.P.(MD)No.5972 of 2014 has not been complied with. The
order passed by this Court was subjected to challenge in W.A.
(MD)No.865 of 2010. By Judgment dated 24.09.2019, the
Hon'ble Division Bench dismissed the writ appeal in the
following terms:-
“25. In the light of the above reasons,
we are of the considered view that the decision
rendered by the learned Single Judge, does not
call for any interference. The learned Single
Judge noted that the first respondent / writ
petitioner was willing to give-up the monetary
benefits payable to him for the period during
which he did not function as Assistant
Librarian. We make this position clear by
holding that the first respondent was allowed
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3 CONT.P.(MD)NO.103 OF 2019
to retire from service on attaining 58 years of
age on 31.01.2014. Had he been successful in
the writ petition earlier, he could have
continued in service till 31.01.2016 i.e. 60
years of age. However, having not discharged
the duties as Assistant Librarian, the scale of
pay of Assistant Librarian cannot be granted to
the first respondent for the said period.
However, for all other purposes, the period
should be treated as Assistant Librarian, so
that the first respondent can get the benefits of
higher pension and other retirement benefits.
26. For the above reasons, we find no
ground to interfere with the order and
direction issued in the writ petition.
Accordingly, the writ appeal fails and stands
dismissed. The appellant University is directed
to implement the decision of the Writ Court,
within a period of eight weeks from the date of
receipt of a copy of this Judgment. No costs.
Consequently, connected miscellaneous
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4 CONT.P.(MD)NO.103 OF 2019
petition is closed.”
3. The learned counsel appearing for the petitioner
states that the petitioner had obtained Ph.D. Degree on
18.10.2002. He has been re-designated as Librarian Grade-I
with effect from the said date. Therefore, the petitioner
became entitled to AGP in terms of G.O.(Ms).No.350 Higher
Education (H1) Department dated 09.09.2009. My attention is
drawn to Clause-(4) which reads as follows:-
“APPENDIX-I
Revised pay Scales, Service conditions and
Career Advancement Scheme for teachers and
equivalent positions:
(1) ..
(2) ..
(3) ..
(4)Pay Scales and Career Advancement
Scheme for Librarians etc:
(a) Assistant Librarian / College
Librarian:
(i) Assistant Librarian/ College Librarian
in the pre-revised scale of pay of Rs.8000- 13500
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5 CONT.P.(MD)NO.103 OF 2019
shall be placed in the Pay Band of
Rs.15600-39100 with AGP of Rs.6000.
(ii) All existing conditions of eligibility
and academic qualifications laid down by the
UGC/ State Government shall continue to be
applicable for direct recruitment of Assistant
Librarian/ College Librarian.
(b) Assistant Librarian (Sr. Scale )/
College Librarian (Sr. Scale)
(i) The posts of Assistant Librarian (Sr.
Scale)/ College Librarian (Sr.Scale) in the
prerevised scale of pay of Rs.10000-15200 shall
be placed in the Pay Band of Rs.15600-39100
with AGP of Rs.7000.
(ii) Assistant Librarian/ College
Librarian possessing Ph.D. in Library Science at
the entry level, after completing service of 4
years in the AGP of Rs.6000, and if otherwise
eligible as per guidelines laid down by the UGC
and any other condition laid down by State
Government, shall be eligible for the higher AGP
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6 CONT.P.(MD)NO.103 OF 2019
of Rs.7000 with in the Pay Band of Rs.
15600-39100.
(iii) Assistant Librarian/ College
Librarian not possessing Ph.D. but only M.Phil in
Library Science at the entry level after
completing service of 5 years in the AGP of
Rs.6000, if otherwise eligible as per guidelines
laid down by the UGC and any other condition
laid down by State Government, shall become
eligible for the higher AGP of Rs. 7000.
(iv) After completing service of 6 years
in the AGP of Rs.6000 Assistant
Librarian/College Librarian without the relevant
Ph.D. and M.Phil shall, if otherwise eligible as
per guidelines laid down by the UGC and as per
any other condition laid down by State
Government move to the higher AGP of Rs.7000.
(v) The pay of the existing Assistant
Librarian (Sr. Scale)/ College Librarian
(Sr.Scale) in the pre-revised scale of pay of
Rs.10000-15200 shall be fixed in the Pay Band of
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7 CONT.P.(MD)NO.103 OF 2019
Rs.15600-39100 with AGP of Rs.7000 at an
appropriate stage based on their present pay,
(c) Deputy Librarian / Assistant Librarian
(Selection Grade)/ College Librarian (Selection
Grade)
(i) Deputy Librarians who are directly
recruited at present shall be placed in the Pay
Band of Rs.15600-39100 with AGP of Rs.8000
initially at the time of recruitment.
(ii) On completion of service of 5 years,
Assistant Librarian (Sr.Scale)/ College Librarian
(Senior Scale) shall be eligible for the post of
Deputy Librarian/ equivalent posts in Pay Band
of Rs.15600-39100, with Academic Grade Pay of
Rs.8,000, subject to their fulfilling other
conditions of eligibility (such as Ph.D. degree or
equivalent published work etc. for Deputy
Librarian) as laid down by the UGC and as per
any other condition laid down by State
Government. They shall be designated as Deputy
Librarian/ Assistant Librarian (Selection Grade)/
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8 CONT.P.(MD)NO.103 OF 2019
College Librarian (Selection Grade), as the case
may be.
(iii) The existing process of selection by
a Selection Committee shall continue in respect
of promotion to the post of Deputy Librarian and
their equivalent positions.
(iv) After completing 3 years in the Pay
Band of Rs.15600-39100 with an AGP of
Rs.8000, Deputy Librarians/ equivalent positions
shall move to the Pay Band of Rs.37400- 67000
and AGP of Rs.9000, subject to fulfilling other
conditions of eligibility laid down by the UGC /
University and as per any other condition laid
down by State Government.
(v) Assistant Librarians ( Senior Scale)
in universities/ College Librarians (Senior Scale)
in the AGP of Rs.7000 not possessing Ph.D. in
Library Science or equivalent published work
but who fulfill other criteria prescribed by the
UGC / University and as per any other condition
laid down by State Government shall also be
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9 CONT.P.(MD)NO.103 OF 2019
eligible for being placed in the AGP of Rs.8000.
(vi) Incumbents to the posts of Deputy
Librarian/ Assistant Librarian (Selection
Grade)/College Librarian (Selection Grade) who
have completed three years in the prerevised
pay scale of Rs.12000-18300 on 1.1.2006 shall
be fixed at an appropriate stage in the Pay Band
of Rs.37400-67000 with an AGP of Rs.9000. They
shall continue to be designated as Deputy
Librarian/ Assistant Librarian (Selection
Grade)/College Librarian (Selection Grade).
(vii) Incumbents to the posts of Deputy
Librarian/ Assistant Librarian (Selection
Grade)/College Librarian (Selection Grade) who
have not completed the requirement of three
years in the pre-revised pay scale of Rs.
12000-18300, for being eligible to be placed in
the higher Pay Band of Rs.37400-67000, shall be
placed at an appropriate stage with Academic
Grade Pay of Rs.8000 till they complete three
years of service as Deputy Librarian/ Assistant
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10 CONT.P.(MD)NO.103 OF 2019
Librarian (Selection Grade)/ College Librarian
(Selection Grade).
(viii) Pay in regard to the directly
recruited Deputy Librarians shall be initially
fixed In Pay Band Rs.15600-39100 with AGP of
Rs.8000. They shall move to the Pay Band of
Rs.37400-67000 with AGP of Rs.9000 after
completing three years of service in the AGP of
Rs.8000.
(ix) The existing conditions of eligibility
and academic qualifications prescribed by the
UGC shall continue to be applicable for direct
recruitment to the post of Deputy Librarian.
Further, any other condition laid down by State
Government shall also be applicable.
(d) Librarian (University)
(i) The post of Librarian shall be in the
Pay Band of Rs.37400-67000 with the Academic
Grade Pay of Rs.10000.
(ii) The existing conditions of eligibility
and academic qualifications prescribed by the
UGC shall continue to be applicable for
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11 CONT.P.(MD)NO.103 OF 2019
appointment to the post of Librarian (University)
and also should be eligible as per any other
condition laid down by State Government.
(iii) Deputy Librarian completing service
of three years in the AGP of Rs.9000 and
otherwise eligible as per conditions prescribed
by the UGC and if any by the University / State
Government shall also be eligible to be
considered for appointment to the post of
Librarian through open recruitment.
(iv)Incumbent Librarian (University)
shall be placed at the appropriate stage as per
the `fixation formula' as stated in para 2 (C) of
this order in the Pay Band of Rs.37400-67000
with AGP of Rs.10000.''
4. The petitioner's counsel would point out that the
Assistant Librarian apart from being placed in the Payband
will also be entitled to Academic Grade Pay of Rs.6,000/-. Of
course the petitioner has given up his claim for monetary
benefits. But then, his pay should be re-worked notionally for
the purpose of computing his pension. This is the core
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12 CONT.P.(MD)NO.103 OF 2019
argument of the petitioner's counsel.
5. I would have definitely considered the said
contention. Bus as rightly pointed out by the learned counsel
appearing for the respondent, the petitioner reached the age
of superannuation on 31.01.2014. Even the writ petition was
filed after his retirement. A learned Judge of this Court vide
Order dated 06.06.2019 in W.P.(MD)Nos.8659 of 2010 and
5553 of 2007 had held that the benefit of Career Advancement
Scheme is not applicable for the retired teachers. The purpose
of the said scheme is to encourage and motivate those who are
in service. A person who has filed the writ petition after his
retirement cannot retrospectively invoke the Career
Advancement Scheme. Therefore the petitioner is not entitled
to AGP of Rs.6,000/-. Since in view of the aforesaid order
dated 06.06.2019, in W.P.(MD)Nos.8659 of 2010 and 5553 of
2007, I have to hold that the petitioner cannot at this stage
claim the benefit of Career Advancement Scheme for any
purpose. That apart, the contentious issues raised by the
petitioner cannot be canvassed in contempt proceedings. The
learned counsel appearing for the University categorically
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13 CONT.P.(MD)NO.103 OF 2019
asserts that the petitioner is very much on par with his junior
Thiru.K.Thirumaran. I make it clear that the petitioner should
either get the benefits higher than or on par with that of
Thiru.K.Thirumaran.
6. Recording the said submission of the learned
counsel appearing for the University, this contempt petition is
closed.
08.02.2021
Index : Yes / No
Internet : Yes/ No
pmu
Note : 1. Issue order copy within one day after the same
received by the Court Officers Section.
2. In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
To:
The Registrar,
Tamil University,
Vagai Valagam, Thanjavur,
Thanjavur District.
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14 CONT.P.(MD)NO.103 OF 2019
G.R.SWAMINATHAN,J.
pmu
CONT.P.(MD)No.103 of 2019 in
W.P.(MD)No.5972 of 2014
08.02.2021
http://www.judis.nic.in
