w w w . L a w y e r S e r v i c e s . i n

Sabita Haloi Talukdar Assistant Librarian Office of the National Institute of Public Cooperation & Child Development, Guwahati v/s The Union of India Represented by Secretary to the Government of India & Others

Company & Directors' Information:- P C INDIA LIMITED [Strike Off] CIN = U33111TN1986PLC013401

Company & Directors' Information:- A. S. INDIA LIMITED [Active] CIN = U70100MP2009PLC022300

Company & Directors' Information:- CHILD & COMPANY PVT LTD [Amalgamated] CIN = U18102WB1995PTC071417

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- THE NATIONAL INDIA DEVELOPMENT CO LTD. [Strike Off] CIN = U99999MH1989PTC002426

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- NATIONAL DEVELOPMENT CO. PRIVATE LIMITED [Dissolved] CIN = U45201OR1951PTC000239

Company & Directors' Information:- NATIONAL UNION CORPN PVT LTD [Strike Off] CIN = U51909WB1940PTC010240

Company & Directors' Information:- CHILD & CO PVT LTD [Strike Off] CIN = U51909WB1950PTC019001

Company & Directors' Information:- NATIONAL UNION LTD [Not available for efiling] CIN = U74999KL1951PLC000818

    Original Application No. 040/00370 of 2015

    Decided On, 06 November 2015

    At, Central Administrative Tribunal Guwahati Bench Guwahati


    For the Applicant: M. Chanda, U. Dutta, S. Begum, Advocates. For the Respondents: ---------

Judgment Text

Order (Oral):

Manjula Das, Member (J)

1. On being mentioned by Mr.M. Chanda, learned counsel for the applicant, the matter is taken up for consideration.

2. By this OA applicant makes a prayer to direct the respondents to grant her (i) pay scale of Rs. 1400-2600/- w.e.f. 15.06.1995 in terms of OM dated 24.07.1990; (ii) scale of pay of Rs.5500-9000 w.e.f. 01.01.1996 in terms of OM dated 21.02.2002 and office order dated 15.09.2003; (iii) scale of pay of Rs.9300-34,800 plus Grade pay of Rs.4200/- in terms of Model RR notified under OM dated 28.03.2013; and (iv) 1st financial upgradation under ACP scheme w.e.f. 15.06.2007 with Grade pay of Rs.4600/- with all consequential benefits.

3. Mr.M.Chanda, learned counsel for the applicant submits that applicant was initially appointed as Assistant Librarian on temporary basis under the respondent’s department and she joined accordingly on 15.05.1995. In the advertisement the requisite qualification for the said post was stipulated as 'Graduate degree with Bachelor in Library Science' and applicant possessed such degree. According to the learned counsel, at the time of her initial appointment the applicant was placed in the pay scale of Rs.1400-2300/- even though the pay scale attached to the said post was Rs.1400-2600/- as notified vide OM dated 24.07.1990. thereafter the different pay scales as contained in the OM dated 24.07.1990 were subsequently revised by the 5th CPC and it was recommended that entry pay scale for departmental librarians having minimum qualification of B.Lib. along with a graduate degree be raised to Rs.5500-9000 w.e.f. 01.01.1996 by merging the existing post of Library information Assistant and Sr. Library and information Officer. Learned counsel submits that applicant having been in the post of Assistant Librarian (redesignated as Library information Assistant) got entitled for the revised scale of Rs.5500-9000/- w.e.f. 01.01.1996 in terms of the 5th CPC recommendation, as accepted by the Govt of India and notified vide OM dated 21.02.2002. Thereafter vide Office Order No.222/03 dated 15.09.2003, the post and pay scale etc of Assistant Librarian was amended and pay scale was revised from Rs.4500-7000/- to Rs.5500-9000. Accordingly, applicant submitted representation on 31.12.2014 praying for her placement in the pay scale of Rs.5500-9000 in terms of the above office order.

4. Learned counsel further submits that vide OM dated 28.03.2013, the DOPT has notified the Model Recruitment Rules for the various categories of Group A & B posts in the Library discipline and pay scale of Library & Information Assistant has been revised to pay Band-2, Rs. 9300-34800/- Grade pay of Rs.4200/- According to the learned counsel, applicant has completed 12 years of service on 15.06.2007 and as such she is entitled to first financial upgradation under ACP Scheme and she is entitled to Grade pay of Rs.4600/- w.e.f. 15.06.2007.

5. Learned counsel for the applicant submits that due to non granting of appropriate pay scale of Assistant Librarian/Librarian & information Assistant to the applicant, the applicant has been suffering huge financial loss and injury in terms of her service prospect causing serious civil consequences each and every month, which gives rise a reckoning cause of action. Her repeated representations praying for appropriate pay scales also yielded no response from the authorities.

6. On perusal of the application and the materials placed before me and upon hearing the learned counsel, I am of the view that matter can be disposed of by directing the respondents to consider the case of the applicant as per rules. Applicant is hereby directed to send a copy of the OA along with this order to the respondent nos. 1 & 2 (upon which her earlier representation are pending) within fifteen days from the date of receipt of his order. On receipt of the same the

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respondent nos.1 & 2 shall treat the OA as a representation of the applicant and consider and dispose of the OA along with her pending representation, as per rules, and pass appropriate orders within a period of two months thereafter. The order to be passed by the said respondents shall be communicated to the applicant forthwith Accordingly, OA is disposed at the admission stage itself there will be no order as to cost.