Smt. K. Durga Devi vs The Commissioner of Collegiate Education and Another

Eswara Prasad, J.—The petitioner is the Librarian in Sri Venkateswara Oriental College, Tirupati, which is under the management of the second respondent-Tirumala Tirupati Devasthanams and is affiliated to Sri Venkateswara University. The petitioner impugned the proceedings of the first respondent-Commissioner of Collegiate Education dated 4-10-1989, stating that there is no provision for the post of Librarian in the Oriental Colleges and, therefore, the question of approving the pay fixation of the Librarian on par with University Grants Commission''s scales does not arise.

The petitioner was appointed as Librarian on 9-9-1980 and she joined in the said post on 12-9-1980. Her services were regularised with probationary rights on 4-4-1988 in the scales of Rs. 800-1450 (D.A. merged scale) which is a State scale, with effect from 25-12-1987. In the year 1984, the scales applicable as laid down by U.G.C. came into effect, fixing the scale of pay Rs. 700-1600 for Lecturers.

By G.O.M. No. 491 dated 16-11-1984, the U.G.C. scales were made applicable to Librarians also and the authorities were directed to implement the said scales. On 29-11-1985 Sri Venkateswara University, by its proceedings, endorsed the application of the U.G.C scales in accordance with the said G.O. Under G.O.Ms. No. 91 dated 26-3-1987, the posts of Librarians were re-designated as Lecturers in Library Science. The petitioner possessed the requisite qualifications prescribed, to hold the post of Librarian which was redesignated as Lecturer. In the year 1988, the scales were revised and the U.G.C. scales applicable to the said post was Rs. 2,200-4,000.

By virtue of G.O.Ms. No. 230 dated 5-7-1989, the new U.G.C. scales were extended to Librarians also. The petitioner requested that the said scales made applicable to her. By the impugned proceedings dated 4-10-1989, in reply to the letter of the Executive Officer of second respondent-Devasthanam dt. 30-9-1989, the first respondent rejected the claim of the petitioner for the application of U.G.C. scales to her in accordance with the G.O.Ms. No. 230 dated 5-7-1989, on the ground that there is no post of Librarian in Oriental College and hence revised scales of pay cannot be made applicable to her.

Sri K.F. Baba, the learned counsel for the petitioner submits that the post of Librarian exists in the Oriental College in which the petitioner is working. The said post was held earlier by the Dr. P. Kamaiah and that this Court by the judgment dated 20-11-1989 in W.P. No. 3183 of 1987, allowed the writ petition and directed the T.T.D. and the Principal of the Oriental College to allow the application of U.G.C. scales to the petitioner, who was then working as Librarian in the Oriental College. He further submits that the Oriental College is a degree college where the students are imparted education in B. A. course in Sanskrit Sastras, right from the year 1969.

Basing on the counter-affidavit filed by the second respondent, Sri Srinivas Rao, the Learned counsel for the second respondent submits, that the Oriental College is not a degree college and there is no post of Librarian in the said college and hence the petitioner is not entitled to the application of U.G.C. scales.

Sri K.F. Baba, the learned counsel for the petitioner produced the Hand ok and Calendar of Sri Venkateswara Oriental College, Tirupati, which was established by the second respondent-Devasthanam. At page 34 of the said book, it was mentioned that Degree (B.A.) Course in Sanskrit Sastras (leading to M.A. in Sanskrit Sastras) were started in 1966 and each student is offered a stipend of Rs. 55/- a month. The first batch of the Degree students took their final year examination in May, 1969. It was also mentioned that the Oriental College is the only institution in the country offering Sanskrit Sastras at the degree level. At page 41 of the said book, Sri P. Kamaiah was shown as Librarian on the Library Staff. In the face of the said statements contained in the book published by the T.T.D. themselves, it cannot be said that the Oriental College is not a Degree College. It cannot also be said that there is no post of Librarian in the Oriental College. It is not denied that the petitioner is working as Librarian in the Oriental College. The predecessor of the petitioner i.e., Dr. P. Kamaiah was a Librarian and relief was granted to him by this Court in W.P. No. 3183 of 1987 and the respondents were directed to grant U.G.C. scales to him. It, therefore, follows that the petitioner who is a successor to Dr. P. Kamaiah is also entitled to the same benefits which were enjoyed by his predecessor.

In J. Narasimha Murthy v. District Treasury Officer, Visakhapatnam 1992 (1) A.P.L.J. 46 this Court held that "the criteria of payment of scales of pay is dependent upon the post held by the incumbent and not the designation". Applying the said principle, when the post of Librarian in the Oriental College was entitled to the fixation of scales in accordance with the U.G.C. scales, the petitioner who is occupying the said post, has necessarily to be paid the same scale of pay.

The writ petition is accordingly, allowed and the impugned order of the first respondent is quashed and consequently the respondents are directed to give the benefits of U.G.C. revised pay scales of 1984 and 1986 to the petitioner and to pay the arrears, expeditiously, preferably within three months from the date of receipt of this order.