Narendra Kumar Singh Yadav Vs. State of U.P. and ors. - Court Judgment

Excerpt:
- m. katju, j.1. this writ petition has been filed for a writ of certiorari for quashing the impugned order dated 6-10-2003 passed by the director, higher education vide annexure 6 to the writ petition. the petitioner has also prayed for a writ of mandamus directing the respondents to pay u.g.c. pay scale to the petitioner as provided in the g.o. dated 29-2-1996 and 28-12-1998 with arrears and interest.2. we have heard the learned counsel for the parties and have perused the record.3. the petitioner was selected for the post of librarian in samta post graduate college, ghazipur which is affiliated to purvanchal university in the pay scale of rs. 2000-3200 and the director, higher education by order dated 5-3-1990 approved the appointment vide annexure 1 to the writ petition. thereafter the appointment letter dated 13-3-1990 was issued by the college to the petitioner vide annexure 2 to the writ petition. the petitioner has been functioning thereafter as librarian in the college.4. the state government issued g.o. dated 29-2-1996 providing u.g.c. scale to the librarians working in degree/post degree colleges in u.p. vide annexure 3 to the writ petition. the petitioner has alleged that he is qualified for the said pay scale. since the petitioner was not granted u.g.c. pay scale he has filed this writ petition.5. a counter affidavit has been filed on behalf of the respondent no. 2 and we have perused the same. in paragraph 3 of the same it is alleged that the petitioner docs not possess the necessary qualifications in the u.g.c. pay scales. under the g.o. dated 29-2-1996 a candidate must either have a first class bachelors degree in arts/science/commerce alongwith first or second class master degree in library, or he must have first or second class master degree in arts/science/ commerce alongwith first or second class bachelors degree in library science or diploma in library science. the petitioner does not fulfill the first alternative qualification as he does not have the master degree in library science. as regards the second alternative the petitioner initially possessed m.a. degree in class iii in philosophy and second class bachelors degree in library science. however, he subsequently secured second class masters degree in hindi in 1998, it is stated in paragraph 3(d) of the counter affidavit that the scheme introduced by the g.o. dated 29-2-1996 was not open ended. in other words, it is alleged in the counter affidavit that one must possess requisite qualification on the date of the g.o. dated 29-2-1996 and subsequent acquisition of the qualification was irrelevant for grant of u.g.c. pay scale.6. we have also perused the rejoinder affidavit.7. in our opinion the stand of the respondent is untenable. there is nothing in the g.o. dated 29-2-1996 which states that only the qualification on the date of the said g.o. can be considered. the said g.o. docs not place any such limitation as is contended in paragraph 3 (d) of the counter affidavit. hence subsequent acquisition of the qualification entitles are to u.g.c. pay scale.8. for the reasons given above this petition is allowed. the impugned order dated 6-10-20g3 is quashed and the respondents are directed to give u.g.c. pay scale to the petitioner as provided in the g.o. dated 29-2-1996 and 28-12-1998. the arrears with interest at 10% per annum will be paid within three months from today petition allowed.