P.G. Jayarajan vs The Manager, Zamorin''s Guruvayurappan College and Others

A. Muhamed Mustaque, J.

This writ petition is filed by a Library Assistant working at Zamorins Guruvayurappan College challenging orders declining claim for appointment as Librarian Grade-IV.

The petitioner entered the service as a peon on 15/3/1985. Thereafter, he was promoted as Lab Assistant and Library Assistant. The petitioner has also acquired qualifications in the Bachelor Degree in Library Science. The post of Librarian became vacant consequent upon the retirement of one Sri. Gopinathan in the year 2002. One Manavedan Raja was put in charge for some time. Thereafter, in the year 2004, the petitioner put in charge of the library. The management, it seems, has initially supported the claim of the petitioner to be appointed as a librarian. However, realizing that after the UGC Scheme and categorizing the college as B Grade College and the post of Librarian Grade IV has become extinct, the management after some time did not pursue the approval of appointment of the petitioner. The petitioner''s case is that the University Statute was not amended and, therefore, he is entitled for to be appointed as Librarian Grade-IV. Accordingly, he approached this court challenging the various orders passed by the authorities and the Government declining his claim.

Heard Dr. George Abraham learned senior counsel appearing for the petitioner, Sri. M.C. Sen, learned senior counsel appearing for the respondent-College and the learned Government Pleader appearing for the official respondents.

The learned senior counsel pointed out that W.P.(C) No. 6385/2007 filed by the petitioner herein and submits that the petitioner''s claim has been turned down by this court in the above judgment. This court held that the petitioner failed to make out that the post of Library Assistant is a feeder category promotion post to the post of Librarian.

It is to be noted that the Government as per G.O. M.S. 119/04/H.Edn. dated 17/9/2004 issued revised staff pattern for the aided colleges. Based on the revised staff pattern, post of Librarian Grade-IV was abolished upgrading the post of Librarian Grade- I as Librarian- UGC. The Director of Collegiate Education issued a staff fixation order dated 11/5/2009. As per the staff fixation order, the only post available in the college is Librarian UGC.

The petitioner approached the Government by filing Ext.P19 representation challenging the earlier order passed by the Management declining the petitioner''s request. Thereafter, the petitioner moved W.P.(C) No. 32418/2009. This Court by an interim order dated 1/9/2011 ordered that if the management seeks appropriate modification to Ext.P18 staff fixation order, the Government may consider the same. Thereafter, the Government passed Ext.P21 order stating that it is not possible to appoint a Librarian without NET qualification and creation of the post of IV Grade Librarian instead of UGC Librarian is against UGC norms and will lead to denial of UGC grant. Thus, the fact remains that the post of Librarian Grade IV is not existence in this college and only Librarian UGC alone is available in the college. The claim for appointment as Librarian Grade IV by promotion has already been turned down by this Court. As discussed above, the post of Librarian Grade IV is not in existence. The Management has not challenged the decision of the Government in Ext.P21. The petitioner''s claim for appointment to the post of Librarian Grade IV has been turned down by the Government by Ext.P24. The question mooted by the petitioner, that without amending the University statute his claim cannot be declined, is irrelevant now in the sense by an executive order of the Government the post of Librarian Grade IV has been abolished based on the UGC scheme. Unless and until that is challenged by the Management, the petitioner has no right to claim for appointment to the post Librarian Grade IV. The management is a recipient of UGC aid. As has been noted that the petitioner''s claim for promotion has been turned down by this Court in the judgment in W.P.(C) No. 6385/2007, any mode of appointment made to the post of Librarian Grade IV in the year 2005 by the management has no sanctity.

Thus, this writ petition is devoid of merit and, accordingly, dismissed. No order as to costs.