Himachal Pradesh High Court
Sita Devi Kaura vs State Of Himachal on 4 December, 2025
1 Sita Devi Kaura Versus State of Himachal Pradesh and another.
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CWPOA No. 4817 of 2020 04.12.2025 Present: Mr. Dushyant Dadwal, Advocate, for the petitioner.
Mr. Navlesh Verma, Additional Advocate of General, for the respondents-State.
Pursuant to Judgement dated 23.05.2025 and orders dated 10.11.2025 the State Authorities rt through Director Higher Education, Himachal Pradesh has filed the compliance affidavit dated 10.11.2025.
2. For appreciating the fact as to whether the compliance affidavit dated 10.11.2025 is in tune with the judgement, it is necessary to have a recap of the judgement dated 23.05.2025 passed in CWPOA No. 4817 of 2020, Sita Devi Kaura versus State of Himachal Pradesh and others, which reads as under:
"2. In view of the submissions made by Learned Counsel for the petitioner, it will be appropriate to direct 2nd respondent to consider the case of the petitioner in light of aforesaid judgements and to take a decision thereon by passing a detailed and reasoned order. Ordered accordingly. Respondent No.2 shall take the decision in terms of this judgement within six weeks from today.
3. The petition is, accordingly, disposed of.::: Downloaded on - 12/12/2025 20:41:38 :::CIS 2
3. Matter was taken up for compliance on .
18.07.2025 and on 08.08.2025, when, the Respondents were directed to ensure compliance within six weeks.
4. Respondent-Director Higher Education filed of an Affidavit dated 25.08.2025, enclosing an office order dated 07.08.2025 [Annexure A-1 at Page 42 rt to 45] stating that the case of the petitioner-Sita Devi, Assistant Librarian stands rejected, on the plea, that UGC-Pay Band-IV i.e. pay scale of Rs.37000- 67000+9000 AGP cannot be granted to the petitioner, for the reason, that this pay band is applicable only to teachers of College Cadre or equivalent, which is a promotional post of Assistant Librarians-petitioner and such scale is to be given to incumbents who fulfil the criteria-norm as prescribed by UGC which were adopted by the State Government and the State Rules. The rejection order indicated that even the Division Bench of this Court in Ex.Petition No. 92 of 2019 in CWP No. 2376 of 2014 and Ex.Petition No. 93 of 2019 in CWP No. 9994 of 2013 has dismissed the claim for Pay Band-IV of Rs.37000-67000+9000 GP of other incumbents.
The rejection order dated 07.08.2025 further stated ::: Downloaded on - 12/12/2025 20:41:38 :::CIS 3 that benefit of Pay Band-IV of Rs.37000-67000+ .
9000 AGP was wrongly granted to Liaq Ram and Sant Ram due to Clerical error but in view of the dismissal of LPA No. 311 of 2024, State of Himachal Pradesh versus Liaq Ram Sharma on 09.01.2025 of and dismissal of SLP Diary No. 15509/2025 in State of Himachal Pradesh versus Liaq Ram Sharma on rt 27.03.2025, by leaving all questions of law open to be considered in appropriate case and the Respondents are stated to have implemented the judgement in CWP No. 7526 of 2011 dated 17.10.2023, in case of Liaq Ram versus State of Himachal Pradesh and others on 29.08.2025 [at page 58 of paper book] qua the petitioner-Liaq Ram Sharma. In these circumstances, the rejection order dated 07.08.2025 [Annexure A-1], was passed in case of petitioner-Sita Devi.
5. Upon listing of matter on 05.09.2025, this Court was apprised that Pay-Band-IV [i.e U.G.C Pay Scale of Rs.37000-67000+9000 AGP] was granted to others, namely Shri Sohaan Lal Kaura and to Shri Nishant Sharma but the case of the petitioner-Sita Devi, was rejected by taking inconsistent stands. Based on this, the State ::: Downloaded on - 12/12/2025 20:41:38 :::CIS 4 Authorities were again directed on 10.09.2025, to .
file a personal affidavit, clarifying the exact financial aspect of the matter.
6. Notably, in compliance to orders dated 05.09.2025 and 10.09.2025, Director Higher Education of filed an Affidavit dated 17.09.2025 stating that the case of the petitioner-Sita Devi will be considered by rt Departmental Promotion Committee for grant of Pay Band IV [UGC pay scale of Rs.37000-67000+ 9000 GP].
COMPLIANCE AFFIDAVIT DATED 10.11.2025:
7. Resultantly, the State Authorities filed the compliance affidavit dated on 14.11.2025, stating that cases of 12 Assistant Librarians, including the petitioner Sita-Devi was considered by Departmental Promotion Committee on 24.09.2025 but none of the 12 incumbents were found eligible for award of Pay Band-IV [Rs.37000-67000+9000 AGP] due to non fulfilment of minimum qualification and other conditions, which read as under:
The minimum qualification for pay band-IV 37400-67000+AGP 900 is as under:-
1. Completed 3 years of service in the Selection Grade along with following qualification.::: Downloaded on - 12/12/2025 20:41:38 :::CIS 5
i. Minimum API scores using the
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PBAS scoring proforma developed by Department of Higher Education as per the norms provided in Table VIll (b) of Appendix III for Librarian College cadre.
ii. Three publications over twelve years. In colleges, an exemption of one of publication will be given to M.Phl Degree holders and two publication to PH.D Degree holders.
rt iii. Additionally, one course/ training under the categories of library automation/ Analytical tool development for academic documentation.
iv. A selection committee process as stipulated in the Regulation and table VIII(b) of Appendix III for Librarian college cadre."
Now, remaining petitioners do not possess the minimum qualification for the Pay Band-IV, therefore, they are not entitled for Pay Band-IV.
The DPC has considered and none of the above Assistant Librarian fulfills the terms and conditions for award of Pay Band-IV as per the guidelines issued by the UGC, R&P Rules applicable to them and other terms and conditions for award of Pay Band-4. However, in compliance of the directions/judgement of the Hon'ble High Court, the revised pay in respect of the petitioners be fixed accordingly.
8. Perusal of the Compliance Affidavit dated 10.11.2025 indicates that once the DPC has considered the case of petitioner on 24.09.2025 ::: Downloaded on - 12/12/2025 20:41:38 :::CIS 6 and DPC has found the petitioner ineligible for .
Pay Band-IV of Rs.37400-67000 + AGP 9000 due to non-fulfilment of educational qualifications and other criterias-parameters prescribed by UGC Norms and State Norms therefore, the matter of needs to be given a quietus, enabling the petitioner to seek appropriate remedy against the non-grant of rt pay scale by DPC and the rejection orders dated 24.09.2025 [Annexure R-2/3 and Annexure R-2/4].
9. At this stage, Learned Counsel for the petitioner submits that the outcome of DPC and the orders dated 24.09.2025 denying Pay Band-IV of Rs.37400-67000 + AGP 9000 to the petitioner may be set-aside when, the State Authorities have extended this pay scale to other similarly placed Assistant Librarians.
ANALYSIS ON COMPLIANCE:
10. Considering the material on record and the submissions made by Learned Counsel for the petitioner, this Court, in fact-situation of instant case, is of the considered view, that the directions contained in the judgement dated 23.05.2025 in CWPOA No. 4817 of 2020 In re: Smt. Sita Devi versus State of Himachal Pradesh and another ::: Downloaded on - 12/12/2025 20:41:38 :::CIS 7 stands complied with, for the reason that;
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firstly, the Coordinate Bench of this Court had passed the judgement on 23.05.2025, in directing the Director of Higher Education to "consider the case of the petitioner by passing a detailed and speaking of orders" in the light of judgement in the case of Liaq Ram Sharma [supra]; secondly, the directions rt passed on 23.05.2025 stands complied with as the Respondents have considered the claim of the petitioner by convening the DPC on 24.09.2025 alongwith 11 other incumbents, for Pay Band-IV of [Rs.37000-67000+9000 AGP]; and thirdly, upon consideration of the petitioner by DPC on 24.09.2025, the petitioner was found not eligible for this scale for not possessing the minimum qualifications as prescribed by the UGC Norms and Recruitment and Promotion Rules; and fourthly, unless and until the petitioner-Sita Devi fulfills the prescribed qualifications and other criteria-parameters in accordance with UGC Norms read with Recruitment and Promotion Rules and other terms and conditions, therefore, the ineligibility of the petitioner shall not confer any right to seek Pay Band-IV, dehors the UGC Norms and State Rules; fifthly, the consideration ::: Downloaded on - 12/12/2025 20:41:38 :::CIS 8 order dated 24.09.2025 passed by DPC-Respondents .
[Annexure R-2/3 and Annexure R-2/4], unless assailed in appropriate proceedings shall certainly stand in the way of petitioners; and sixthly, even the Pay Band-IV is primarily admissible subject to fulfilment of of requirement and other criterias as per UGC Norms and State R & P Rules for Librarians [College Cadre] or rt equivalent notified on 19.08.2011 [as in Annexure R-
2/3]; and seventhly, the Pay Band-IV is admissible to College Librarians, who are in Pay Band-III, subject to fulfilment of educational conditions; API Score; Publications and Training documentation etc. as prescribed by UGC Norms which were adopted by State Authorities and the claim of petitioner for Pay Band-IV, dehors the UGC and State Rules cannot sustain; and eighthly, the petitioner-Sita Devi, has not been able to assert and establish that she is eligible and she fulfills the minimum educational qualifications and other conditions, which are a sine qua non for grant of Pay Band-IV of Rs.37000-67000+9000 AGP as per UGC Norms and R & P Rules and ninthly, merely because the petitioner is Assistant Librarian, who was working in GSSS Kandrour [at relevant time] ::: Downloaded on - 12/12/2025 20:41:38 :::CIS 9 cannot claim benefit of Pay Band-IV, which in fact .
[as per compliance affidavits and DPC records] was meant for Librarians in Colleges or equivalent w.e.f. 01.01.2006, unless and until the petitioner was inducted in the cadre of Librarians [Colleges] of either by appointment or promotion or under Career Advancement Mode [if any]; tenthly, nothing has rt been placed on record by petitioner to establish her eligibility and fulfilment of parameters based on UGC Norms and State R & P Rules for Pay Band-IV, which was denied by Respondents-Director Higher Education upon due consideration by DPC leading to non-grant of pay scale to the petitioner being ineligible [as per Annexure R-2/3 and Annexure R-2/4] which as on day, points towards due compliance of the judgement; and eleventhly, the submission of Learned Counsel for the petitioner that some other persons have been granted Pay Band-IV [who do not fulfil parameters] and therefore, the petitioner may be extended the same benefits appears to be highly untenable for the reason, that even if the benefit of Pay Band-IV has been granted to others dehors the UGC Norms and State Rules, then, such release of benefits shall neither confer any right nor a valid ::: Downloaded on - 12/12/2025 20:41:38 :::CIS 10 claim on the petitioner in view of the fact, that .
Article 14 of the Constitution of India does not encompass negative equality; and lastly, once consideration was done leading to the passing of rejection orders therefore, the compliance cannot of be stretched to an infinite level so as to set up and seek re-adjudication rt of the claim, which stands disallowed by the Departmental Promotion Committee-
Respondents, as discussed above.
In above backdrop and in fact-situation of instant case, since the judgement dated 23.05.2025 stands complied with; therefore, this Court closes instant matter, leaving the petitioner to avail appropriate remedy hereinafter, in accordance with, if so desired.
4th December, 2025 (Ranjan Sharma)
™ Judge
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