Ram Vs. The State of Haryana & Ors  INSC 479 (19 September 1994)
K. Ramaswamy, K. Venkatachala N. (J)
1995 SCC Supl. (1) 18 JT 1995 (1) 24 1994 SCALE (4)605
appellant was appointed in July 29, 1972
as a Librarian in government College in the Pay-scale of Rs.220- 550. The Haryana government
accepting the recommendations of government of India and the University grants Commission upgraded the
pay-scales of Librarian with effect from 1st January, 1973 to Rs.7001600, if they possessed a
minimum educational qualification of first or second Class M.A., M. Sc., M.Com
plus a first or second Class B.Lib. Science or a diploma in Library Science,
the degree of MLib. being a preferential qualification. Thereafter taking into
consideration, representation made by several Librarian appointed prior to 3 l st
December, 1972 and of the recommendations of the University grants Commission,
the government of India in their proceedings of January 16, 1987 relaxed the
requirement of securing first of second class in MA., M.Sc., MCom. and other
prescribed educational qualifications, by an order which was in the following
has now been decided, on the recommendation of the UGC, that the existing
incumbents of the post of Librarians in College who have been appointed to
these posts on or before 3.12.1972 may be sanctioned the upgraded scale of Rs.
700-1600 in relaxation of the qualification prescribed in Annexure-l referred
to above without insisting on a first or second class in the degree, diploma or
other prescribed educational qualification."
Principal of the College, where the appellant was working as a Librarian
allowed to him the revised pay-scale of Rs.700-1600 purporting to act under the
the govt. of Haryana directed the Principal to withdrew the pay-scale of
Rs.700-1600 allowed to appellant.
appellant had challenged their direction in C.W.P. No. 10988 of 1993 in the
High Court of Punjab and Haryana. The High Court by the impugned order dated September 9, 1993 dismissed the writ petition. Thus
this appeal by special leave.
Prom Malhotra, .learned counsel for the appellant, contended that the previous
scale of Rs. 220-559 in which the appellant was entitled became Rs.7001600
since the appellant had been granted that scale of pay in relaxation of the
educational qualification. The High Court was, therefore, not right in
dismissing the writ petition. We do not find any force in this contention. It
is seen that the government in consultation with the University grants
Commission had revised the payscale of a Librarian working in the Colleges to Rs.
700-1600 but they insisted upon the minimum educational qualification of first
or second class M.A.,., M. Com. plus a first or second class B.Lib. Science or
a diploma in Library Science. The relaxation given was only as regards
obtaining first class or second class in the prescribed educational
qualification but not relaxation in the educational qualification itself.
Admittedly the appellant does not 26 possess the required educational
qualifications. Under the circumstance the appellant would not be entitled to
the relaxation. The Principal erred in granting him the relaxation. Since the
date of relaxation the appellant had been paid his salary on revised scale.
However, it is not on account of any mis-representation made by the appellant
that the benefit of higher pay-scale was given to him but by wrong construction
made by the Principal for which the appellant cannot be held to be at fault.
Under the circumstances the amount paid till date may not be recovered from the
appellant. The Principle of equal pay for equal work would not apply to the
scale prescribed by the University Grants Commission. The appeal is allowed
partly without any order as to costs.