Himachal Pradesh High Court
Rakesh Kumar S/O Sh Ram Saran Vpo vs State Of Himachal Pradesh Through on 13 October, 2022
Author: Sandeep Sharma
Bench: Sandeep Sharma
REPORTABLE
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 13TH DAY OF OCTOBER, 2022
BEFORE
HON'BLE MR. JUSTICE SANDEEP SHARMA
CIVIL WRIT PETITION (ORIGINAL APPLICATION) NOS. 3096, 4352,
.
4421, 4426, 6525, 7655 OF 2019, CWP NO. 2409 OF 2020, CWPOA
NOS. 654, 2931 AND 4596 OF 2020 AND CWP NO. 1126 OF 2021
1. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 3096 OF
2019
BETWEEN
1. RAKESH KUMAR S/O SH RAM SARAN VPO
SAINTHAL, TEHSIL JOGINDER NAGAR,
DISTRICT MANDI H.P. PRESENTLY WORKING
AS ASSISTANT LIBRARIAN AT GSSS
CHAUNTRA, DISTRICT MANDI, HP
2. VINOD KUMAR S/O SH SODHA RAM VPO
SAINTHAL,
r TEHSIL JOGINDER NAGAR,
DISTRICT MANDI, H.P. PRESENTLY WORKING
AS ASSISTANT LIBRARIAN AT GOVERNMENT
COMMUNITY CENTRE LIBRARY CHAUNTRA,
TEHSIL JOGINDER NAGAR, DISTRICT MANDI,
H.P.
3. SOHAN SINGH THAKUR S/O DIDO RAM
THAKUR VPO JANGEL, TEHSIL DHARMPUR,
DISTRICT MANDI, H.P. PRESENTLY WORKING
AS ASSISTANT LIBRARIAN AT GDC
DHARMPUR, DISTRICT MANDI, H.P.
4. MANJULI DEVI D/O SH SURAT RAM, VPO
THANGI TEHSIL MOORANG, DISTRICT
KINNAUR, H.P. PRESENTLY WORKING AS
ASSISTANT LIBRARIAN AT GSSS RECKONG
PEO, DISTRICT KINNAUR, H.P.
5. DHARM CHAND RANA S/O LATE SH GOVIND
RAM RANA VILL PRAIN, P.O. LANGNA, TEHSIL
JOGINDER NAGAR, DISTRICT MANDI, H.P.
PRESENTLY WORKING AS ASSISTANT
LIBRARIAN AT GSSS BASSI, DISTRICT MANDI,
H.P.
6. MEENA DEVI W/O SH DHARAM CHAND RANA
VILLAGE PRAIN P.O. LANGNA, TEHSIL
::: Downloaded on - 17/10/2022 20:01:12 :::CIS
2
JOGINDER NAGAR, DISTRICT MANDI, H.P.
PRESENTLY WORKING AS ASSISTANT
LIBRARIAN AT GSSS (G) JOGINDER NAGAR,
DISTRICT MANDI, H.P.
7. SANJOG KUMARI D/O LATE SH KAKA RAM
NEGI, V.P.O. BARANG, TEHSIL KALPA,
DISTRICT KINNAUR, H.P. PRESENTLY
.
WORKING AS ASSISTANT LIBRARIAN AT GSSS
KALPA, DISTRICT KINNAUR, H.P.
8. VIKAS THAKUR S/O SH SITA RAM VILLAGE
BALYALI, P.O. SANDHOL, TEHSIL SANDHOL,
DISTRICT MANDI, H.P. PRESENTLY WORKING
AS ASSISTANT LIBRARIAN AT GSSS AMROH,
DISTRICT HAMIRPUR, H.P.
9. TENZIN DOLMA D/O SH NORBU C/O SH SONAM
TASHI ANU ORCHARDS, VPO JAGATSUKH,
DISTRICT KULLU, H.P. PRESENTLY WORKING
AS ASSISTANT LIBRARIAN AT GSSS
JAGATSUKH, DISTRICT KULLU, H.P.
10. BHAG DAI D/O SH RAM CHAND W/O SH
BHOPAL CHAND VILLAGE CHHAKI, PO
NAGGAR, DISTRICT KULLU PRESENTLY
WORKING AS ASSISTANT LIBRARIAN AT GSSS
HARIPUR, DISTRICT KULLU, H.P.
PETITIONERS
(BY MR. DILIP SHARMA, SENIOR ADVOCATE WITH
MR. MANISH SHARMA AND MR. VIKAS RAJPUT, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH THROUGH
ITS PRINCIPAL SECRETARY (EDUCATION) TO
THE GOVERNMENT OF HIMACHAL PRADESH,
SHIMLA-171002.
2. DIRECTOR OF HIGHER EDUCATION,
HIMACHAL PRADESH, SHIMLA-171001
RESPONDENTS
(BY MR. SUDHIR BHATNAGAR, ADDITIONAL
ADVOCATE GENERAL)
2. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 4352 OF
2019
BETWEEN
::: Downloaded on - 17/10/2022 20:01:12 :::CIS
3
1. CHAMAN LAL S/O LATE SH PRABHA RAM,
VILLAGE GORA, P.O. GAGAL, TEHSIL BALH,
DISTRICT MANDI, H.P. PRESENTLY WORKING
AS ASSISTANT LIBRARIAN AT GOVERNMENT
COLLEGE BASSA, DISTRICT MANDI, H.P.
2. RAKESH KUMAR S/O SH BHAGAT RAM,
.
VILLAGE KHATER WARI, P.O. UPPER BEHLI,
TEHSIL SUNDER NAGAR, DISTRICT MANDI, H.P.
PRESENTLY WORKING AS ASSISTANT
LIBRARIAN AT GOVERNMENT COLLEGE
SERAJ, DISTRICT MANDI, H.P.
3. VEENA W/O SH SURESH KUMAR, VILLAGE
HAAT, P.O. PARALA, TEHSIL THEOG, DISTRICT
SHIMLA, H.P. PRESENTLY WORKING AS
ASSISTANT LIBRARIAN AT GSSS DHALLI,
PRESENTLY ON DEPUTATION AT DIRECTOR
OF HIGHER EDUCATION, SHIMLA-1.
4. LATA DEVI W/O SH. RAJESH KUMAR, VILLAGE
KOT (BEHAL), P.O. KOT, TEHSIL GHUMARWIN,
DISTRICT BILASPUR, H.P. PRESENTLY
WORKING AS ASSISTANT LIBRARIAN AT GSSS
DHARLAGHAT, DISTRICT SOLAN, H.P.
5. KULDEEP SINGH S/O SH JOGINDER SINGH,
VILLAGE NAOGLI, P.O. JAMTA, TEHSIL NAHAN,
DISTRICT SIRMOUR, H.P. PRESENTLY
WORKING AS ASSISTANT LIBRARIAN AT
GOVERNMENT DISTRICT MAHIMA LIBRARY
NAHAN, DISTRICT SIRMOUR, H.P.
PETITIONERS
(BY MR. DILIP SHARMA, SENIOR ADVOCATE WITH
MR. MANISH SHARMA AND MR. VIKAS RAJPUT, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH THROUGH
ITS PRINCIPAL SECRETARY (EDUCATION) TO
THE GOVERNMENT OF HIMACHAL PRADESH,
SHIMLA-171002.
2. DIRECTOR OF HIGHER EDUCATION,
HIMACHAL PRADESH, SHIMLA-171001
RESPONDENTS
(BY MR. SUDHIR BHATNAGAR, ADDITIONAL
ADVOCATE GENERAL)
::: Downloaded on - 17/10/2022 20:01:12 :::CIS
4
3. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 4421 OF
2019
BETWEEN
1. SANJEEV KUMAR S/O LATE BH. ATAM DEV,
R/O VILLAGE SHATTAL, P.O. DEOTHI, TEHSIL
AND DISTRICT SOLAN (HP) PRESENTLY
.
POSTED AS ASSTT. LIBRARIAN AT CENTRAL
STATE LIBRARY BOLAN, DISTT. BOLAN, H.P.
2. SH. MUNNI LAL S/O SH. RAMANAND, R/O
VILLAGE KHALANA, P.O. KUINAN, TEHSIL
KOTKHAI, DISTRICT SHIMLA (HP), PRESENTLY
POSTED AS ASSTT. LIBRARIAN AT TEHSIL
PUBLIC LIBRARY KOTKHAI, DISTT. SHIMLA,
H.P.
3. SH. MADAN KUMAR S/O SH. JEEWAN RAM, R/O
VILLAGE TOHU, P.O. LADRAUR, TEHSIL-
BHORANJ, DISTRICT HAMIRPUR (HP),
PRESENTLY POSTED AS ASSTT. LIBRARIAN
AT GOVT. SENIOR SECONDARY SCHOOL,
KHARWAR, DISTT. HAMIRPUR, H.P.
4. SMT. AMRITA KUMARI W/O SH. H.L. SHARMA,
R/O VILLAGE BHUKHO, P.O. NEHRA, TEHSIL
AND DISTRICT SHIMLA (HP) PRESENTLY
POSTED AS ASSTT. LIBRARIAN AT GOVT.
SENIOR SECONDARY SCHOOL RAMPUR
KEYONTHAL, DISTT. SHIMLA. H.P.
5. SH. NARINDER DEV S/O SH. NARAYAN DUTT
R/O VILLAGE JUBBAR TOLASH, P.O. KHATNOL,
TEHSIL SUNNI, AND DISTRICT SHIMLA (HP)
PRESENTLY POSTED AS ASSTT. LIBRARIAN
GOVT. SENIOR SECONDARY SCHOOL
KHATNOL, DISTT. SHIMLA, H.P.
6. SH. AJIT KUMAR S/O SH. JEEWAN KUMAR, R/O
VILLAGE SUTKER, P.O. HOLI, TEHSIL
BHARMOUR, DISTRICT CHAMBA (HP),
PRESENTLY POSTED AS ASSTT. LIBRARIAN
GOVT. DEGREE COLLEGE-BHARMOUR, DISTT.
CHAMBA, H.P.
7. SH. CHANDER BHUSHAN S/O SH. PARAS RAM,
R/O VILLAGE LAHOG, P.O. BAROG. TEHSIL
THEOG, DISTRICT SHIMLA (HP), PRESENTLY
POSTED AS ASSTT. LIBRARIAN GOVT. SENIOR
SECONDARY SCHOOL CHIOG, DISTT. SHIMLA.
H.P.
::: Downloaded on - 17/10/2022 20:01:12 :::CIS
5
8. SH. SURESH KUMAR S/O SH. ISHWAR DUTT,
R/O VILLAGE BAJHOG, P.O. SAROG. TEHSIL-
THEOG, DISTRICT SHIMLA (HP) PRESENTLY
POSTED AS ASSTT. LIBRARIAN GOVT. SENIOR
SECONDARY SCHOOL SAROG, DISTT. SHIMLA,
H.P.
9. SH. ASHOK KUMAR S/O SH. G.R. SHARMA, R/O
.
VILLAGE SHAIL, P.O. MAJHIWAR, TEHSIL
SUNNI, AND DISTRICT SHIMLA (HP)
PRESENTLY POSTED AS ASSTT. LIBRARIAN
GOVT. SENIOR SECONDARY SCHOOL SUNNI,
DISTT. SHIMLA, H.P.
10. SMT. CHANDER LEKHA W/O SH. I.S. NEGI, R/O
VILLAGE & P.O. KANAM,, DISTRICT KINAUR
(HP), PRESENTLY POSTED AS ASSTT.
LIBRARIAN GOVT. SENIOR SECONDARY
SCHOOL (GIRLS) PORTMORE, DISTT. SHIMLA,
H.P.
11. MS. RAMA GHUMTA D/O SH. SANGAT RAM, R/O
VILLAGE & P.O. BARTHATH, TEHSIL JUBBLE,
DISTRICT SHIMLA (HP) PRESENTLY POSTED
AS ASSTT. LIBRARIAN GOVT. SENIOR
SECONDARY SCHOOL (BOYS) JUBBAL,
SHIMLA. H.P.
12. MS. SEEMA D/O LATE SH. TEK DASS, C/O SH.
P. C. KASHYAP, VILLAGE & P.O. RAJHANA,
TEHSIL & DISTRICT SHIMLA (HP) PRESENTLY
POSTED AS ASSTT. LIBRARIAN GOVT. SENIOR
SECONDARY SCHOOL-RAJHANA, DISTT.
SHIMLA, H.P.
13. SMT. AARTI DEVI W/O SH. SANJAY GUPTA R/O
SHYAM KUTIR, NEAR LAXMI NARAYAN
TEMPLE, KUSUMPTI, TEHSIL & DISTT. SHIMLA
(HP) PRESENTLY POSTED AS ASSTT.
LIBRARIAN GOVT. SENIOR SECONDARY
SCHOOL-JUNGA, DISTT. SHIMLA, H.P.
14. MS. SUNITA DEVI D/O SH. BIHARI LAL, R/O
SUNITA NIWAS, P.O. RAJHANA, NEAR
CHANDEL NIWAS, LOWER KHALINI, TEHSIL &
DISTRICT SHIMLA (HP), PRESENTLY POSTED
AS ASSTT. LIBRARIAN RAJKIYA KANYA
MAHAVIDHYALYA SHIMLA, DISTT. SHIMLA, H.P.
15. SMT. BHAGWATI D/O SH. KUMMI RAM, R/O
VILLAGE RAMPUR, P.O. KANAID, TEHSIL-
SUNDER NAGAR, DISTRICT MANDI (HP),
::: Downloaded on - 17/10/2022 20:01:12 :::CIS
6
PRESENTLY POSTED AS ASSTT. LIBRARIAN
GOVT. SENIOR SECONDARY SCHOOL -BEULIA,
DISTT. SHIMLA, H.P.
16. SH. CHANDER SHAMSHER S/O SH. HUKAM
CHAND, R/O VILLAGE-JAWA, P.O. DEOTHI,
TEHSIL RAMPUR, DISTRICT SHIMLA (HP),
PRESENTLY POSTED AS ASSTT. LIBRARIAN
.
AT TEHSIL LIBRARY RAMPUR BUSHAHAR,
DISTT. SHIMLA, H.P.
17. SMT. SARITA DEVI W/O SH. L.R. SHARMA, R/O
GAUTAM NIWAS, THAKUR BAG, ANNADALE,
TEHSIL & DISTRICT SHIMLA (HP), PRESENTLY
POSTED AS ASSTT. LIBRARIAN AT GOVT.
SENIOR SECONDARY SCHOOL-BOILEAUGANJ,
DISTT. SHIMLA, H.P.
18. SMT. URMILA SHARMA W/O SH. BHUPESH
SHARMA, R/O VILLAGE-REHANA, P.O. THACHI,
TEHSIL-SUNNI, DISTRICT SHIMLA (HP),
PRESENTLY POSTED AS ASSTT. LIBRARIAN
GOVT. SENIOR SECONDARY SCHOOL -
BHATTAKUFER, DISTT. SHIMLA, H.P.
19. SMT. KAMLA SHARMA W/O SH. BANSI LAL
SHARMA. R/O VILLAGE-NAVI, P.O. HIMARI,
TEHSIL SUNNI, DISTRICT SHIMLA (HP)
PRESENTLY POSTED AS ASSTT. LIBRARIAN
GOVT SENIOR SECONDARY SCHOOL KARYALI,
DISTT. SHIMLA, H.P..
20. SH. GAUTAM DEV DIPTA S/O SH. BHINDER
SINGH, R/O VILLAGE-THANA, PO. DHAR
CHANDLA, TEHSIL KUPVI, DISTRICT SHIMLA
(HP) PRESENTLY POSTED AS ASSTT.
LIBRARIAN GOVT SENIOR SECONDARY
SCHOOL CHAUPAL, DISTT. SHIMLA, H.P.
21. SH. MOHAN LAL S/O SH. KHEM RAM, R/O
VILLAGE & P.O. UDEEN, TEHSIL PANGI.
DISTRICT CHAMBA (HP) PRESENTLY POSTED
AS ASSTT. LIBRARIAN AT GOVT. COMMUNITY
CENTRE LIBRARY-KILAR, PANGI. DISTT
CHAMBA, H.P.
22. SMT. SANTOSH KUMARI W/O SH. SANJEEV
KUMAR, R/O V.P.O. BANDI, TEHSIL & DISTRICT
KANGRA (HP) PRESENTLY POSTED AS ASSTT.
LIBRARIAN GOVT. SENIOR SECONDARY
SCHOOL-RAJOL, DISTT. KANGRA, H.P.
::: Downloaded on - 17/10/2022 20:01:12 :::CIS
7
23. SMT. KAVITA W/O SH. ARVIND SINGH, R/O
VILLAGE & P.O. MAHERNA, TEHSIL & DISTRICT
KANGRA (HP) PRESENTLY POSTED AS ASSTT.
LIBRARIAN AT GOVT. SENIOR SECONDARY
SCHOOL (GIRLS) DHARAMSHALA, DISTT.
KANGRA, H.P.
24. SH. CHAMAN LAL S/O SH. DALTI RAM R/O
.
VILLAGE BAGRU, P.O. SIRDI, TEHSIL
BHARMOUR, AND DISTRICT CHAMBA (HP)
PRESENTLY POSTED AS ASSTT. LIBRARIAN
GOVT. SENIOR SECONDARY SCHOOL (BOYS)-
CHAMBA, DISTT. CHAMBA, H.P.
25. SMT. MEENA DEVI W/O SH. RAKESH KUMAR
R/O VILL MEHAN P.O. CHANDPUR TEH. SADAR
DISTT BILASPUR (H.P) PRESENTLY POSTED AS
ASSTT. LIBRARIAN IN GSSS CHANDPUR DISTT
BILASPUR H.P 174004
26. SMT. RENU CHANDEL D/O SH. DESH RAJ
CHANDEL, R/O VILLAGE & P.O. GANDHIR,
TEHSIL JHANDUTA, DISTRICT BILASPUR (HP),
PRESENTLY POSTED AS ASSTT. LIBRARIAN.
GOVT.
rSENIOR SECONDARY SCHOOL
KANDRAUR, DISTT BILASPUR, H. P.
27. SH. LAIQ RAM S/O LATE SH. THAKUR DASS
R/O VILLAGE BAJHOL, P.O. THACHI, SUB-
TEHSIL DHAMI, DISTRICT SHIMLA (HP),
PRESENTLY POSTED AS ASSTT. LIBRARIAN
AT GOVERNMENT SENIOR SECONDARY
SCHOOL, CHALAL, SHIMLA
28. SH. SHIV KUMAR S/O SH. PYARE LAL, R/O
H.NO. 101, WARD NO. 3, P.O. CHAMBAGHAT,
DISTT. SOLAN, (HP). PRESENTLY POSTED AS
ASSTT. LIBRARIAN AT CENTRAL STATE
LIBRARY, SOLAN (HP)
29. SMT. SUMBUL KHAN D/O SH. AHSAN RAZA
KHAN R/O BLOCK NO. 13, FLAT NO. 8,
HOUSING BOARD COLONY. SHOGHI, DISTT.
SHIMLA (HP), PRESENTLY POSTED AS ASSTT.
LIBRARIAN AT GOVT. SR. SEC. SCHOOL
KADOR, DISTT. SOLAN (HP)
30. SMT. MANJU KUMARI W/O SH. PRAKASH
CHAND R/O VILLAGE PUMBER, P.O. SARYANJ,
TEHSIL ARKI, DISTRICT SOLAN (HP),
PRESENTLY POSTED AS ASSISTANT
::: Downloaded on - 17/10/2022 20:01:12 :::CIS
8
LIBRARIAN AT GOVT. SR. SEC. SCHOOL
DHUNDAN, DISTT. SOLAN (HP)
31. SH. PREM LAL S/O SH DURGA RAM R/O
VILLAGE JAMNA, P.O. DUMEHAR, TEHSIL ARKI,
DISTRICT SOLAN (HP), PRESENTLY POSTED
AS ASSISTANT LIBRARIAN AT GOVT. SR. SEC.
SCHOOL BOYS ARKI, DISTT. SOLAN (HP)
.
32. SMT. SURENDRA KUMARI D/O SH. KANSHI
RAM R/O VILLAGE ANSARA, P.O. KITPAL,
TEHSIL NADAUN, DISTRICT HAMIRPUR (HP),
PRESENTLY POSTED AS ASSISTANT
LIBRARIAN AT GOVT. SR. SEC. SCHOOL
BAROTIWALA, DISTT. SOLAN (HP)
33. SMT. NEELAM KUMARI W/O SH. KULDIP SINGH
R/O KHILA COLONY, KALKA, HARYANA (HP),
PRESENTLY POSTED AS ASSISTANT
LIBRARIAN AT GOVT. SR. SEC. SCHOOL
MANPURA, DISTT. SOLAN (HP)
34. SMT. NIRMALA DEVI W/O SH. KULDIP SINGH
R/O VILLAGE UDAIPUR, P.O. CHARATGARH,
DISTRICT UNA (HP), PRESENTLY POSTED AS
ASSISTANT LIBRARIAN AT GOVT. SR. SEC.
SCHOOL NANGAL KHURD DISTT. UNA (HP))
35. SMT. RENU KUMARI W/O SH. PYARE MOHAN
R/O HOUSE NO.-B-74/3, SADAR BAZAR,
JUTOGH CANTT, PRESENTLY POSTED AS
ASSISTANT LIBRARIAN AT GOVT. SR. SEC.
SCHOOL GANAHATTI, DISTT. SHIMLA (HP)
36. SMT. ANJANA DEVI D/O SH. KESHAV RAM
TANWAR R/O C/O TARA CHAUDHARY, CHOWK
BAZAR, HAT KOT, KUNIHAR, TEHSIL ARKI,
DISTT. SOLAN, H.P., PRESENTLY POSTED AS
ASSISTANT LIBRARIAN AT GOVT. SR. SEC.
SCHOOL(BOYS) SUBATHU, DISTT. SOLAN (HP)
37. SMT. NEELAM SHARMA D/O SH. V.N. SHARMA
R/O TARA COTTAGE, GHORA CHOWKI, NEAR
DARGAH, (HP), PRESENTLY POSTED AS
ASSISTANT LIBRARIAN AT GOVT. SR. SEC.
SCHOOL SHOGHI, DISTT. SHIMLA (HP)
38. SMT. NISHA DEVI W/O SH. RAJ KUMAR R/O
BHAL GAON, P.O, & TEHSIL-NAHAN, DISTT.
SIRMOUR (HP). PRESENTLY POSTED AS
ASSISTANT LIBRARIAN AT DR. Y.S. PARMAR
GOVT. P.G. COLLEGE, NAHAN.
::: Downloaded on - 17/10/2022 20:01:12 :::CIS
9
39. SH. SUBASH CHAND S/O SH. AMAR SINGH R/O
AMBWALA, P.O. SAINWALA, TEHSIL NAHAN,
DISTT. SIRMOUR (HP), PRESENTLY POSTED AS
ASSISTANT LIBRARIAN AT GOVT. DISTT.
MAHIMA LIBRARY, NAHAN, DISTT. SIRMOUR.
40. SH. SUDHIR KUMAR S/O SH. RAM SUKH SETHI
R/O VILL. BHANALI, P.O. KUMARSAIN, TEHSIL-
.
KUMARSAIN, DISTT. SHIMLA H.P. 172029
PRESENTLY POSTED AS ASSTT. LIBRARIAN,
AT GOVT. SENIOR SECONDARY SCHOOL
(KUMARSAIN), SHIMLA, (HP)
41. KIRAN KANT W/O SH. HARISH MATTU, R/O
MATTU NIWAS, SHAKTI NAGAR, JAUNAJI
ROAD, SOLAN, H.P. 173212 PRESENTLY
POSTED AS ASSIST. LIBRARIAN, AT GOVT.
SENIOR SECONDARY SCHOOL (BOYS), SOLAN,
H.P.
(BY MR. DILIP SHARMA, SENIOR ADVOCATE WITH
PETITIONERS
MR. MANISH SHARMA AND MR. SANJAY KUMAR SHARMA,
ADVOCATES)
AND
1. STATE OF HIMACHAL PRADESH THROUGH
ITS PRINCIPAL SECRETARY (EDUCATION) TO
THE GOVERNMENT OF HIMACHAL PRADESH,
SHIMLA-171002.
2. DIRECTOR, DIRECTORATE OF HIGHER
EDUCATION, LALPANI, GOVT. OF HIMACHAL
PRADESH, SHIMLA, H.P.
RESPONDENTS
(BY MR. SUDHIR BHATNAGAR, ADDITIONAL
ADVOCATE GENERAL)
4. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 4426 OF
2019
BETWEEN
1. SEEMA DEVI W/O SH. KARTAR THAKUR, V.P.O.
KANDROUR, TEHSIL SADAR, DISTRICT
BILASPUR, H.P. PRESENTLY WORKING AS
ASSISTANT LIBRARIAN AT GSSS KANDROUR,
TEHSIL SADAR, DISTRICT BILASPUR, H.P.
::: Downloaded on - 17/10/2022 20:01:12 :::CIS
10
2. RAM PAL S/O SH. ATMA RAM, V.P.O. GHANDIR,
TEHSIL JHANDUTA, DISTRICT BILASPUR, H.P.
PRESENTLY WORKING AS ASSISTANT
LIBRARIAN AT GSSS JHANDUTA, DISTRICT
BILASPUR, H.P.
3. SALINDER KUMAR S/O LATE SH. JIWNU RAM,
V.P.O. KOT, TEHSIL GHUMARWIN, DISTRICT
.
BILASPUR, H.P. PRESENTLY WORKING AS
ASSISTANT LIBRARIAN AT GSSS KOT, TEHSIL
GHUMARWIN, DISTRICT BILASPUR, H.P.
4. VIDYA DEVI W/O SH. K.L. KAPOOR, V.P.O.
LAKHANPUR, DISTRICT BILASPUR, H.P.
PRESENTLY WORKING AS ASSISTANT
LIBRARIAN AT GOVT. DISTRICT LIBRARY,
BILASPUR, H.P.
5. KAUL DASS S/O SH. THAINU RAM, V.P.O.
LEHARI SAROIL, TEHSIL GHUMARWIN,
DISTRICT BILASPUR, H.P. PRESENTLY
WORKING AS ASSISTANT LIBRARIAN AT GSSS
BHARARI, DISTRICT BILASPUR, H.P.
6. RAJEEV KUMAR S/O SH. RUP SINGH, V.PO.
BAROTA, SUB TEHSIL BHARARI, VIA LEHARI
SARAIL, DISTRICT BILASPUR, H.P. PRESENTLY
WORKING AS ASSISTANT LIBRARIAN AT GSSS
MARHANA, DISTRICT BILASPUR, H.P.
7. KUMARI NEELAM W/O SH. SANJEEV CHANDEL,
V.P.O. NALTI, TEHSIL GHUMARWIN, DISTRICT
BILASPUR, H.P. PRESENTLY WORKING AS
ASSISTANT LIBRARIAN AT GSSS HATWAR,
DISTRICT BILASPUR, H.P.
8. VIJAY KUMAR S/O SH. RAM DITTA VILLAGE
BHANDWAR, P.O. CHANDPUR, TEHSIL SADAR,
DISTRICT BILASPUR, H.P. PRESENTLY
WORKING AS ASSISTANT LIBRARIAN AT GSSS
(GIRLS) BILASPUR, H.P.
9. BALDEV SINGH S/O SH. BOHRA RAM, V.P.O.
AMROH, TEHSIL BHORANJ, DISTRICT
HAMIRPUR, H.P. PRESENTLY WORKING AS
ASSISTANT LIBRARIAN AT GSSS UTPUR,
DISTRICT HAMIRPUR, H.P.
PETITIONERS
(BY MR. DILIP SHARMA, SENIOR ADVOCATE WITH
MR. MANISH SHARMA AND MR. VIKAS RAJPUT, ADVOCATE)
::: Downloaded on - 17/10/2022 20:01:12 :::CIS
11
AND
1. STATE OF HIMACHAL PRADESH THROUGH
ITS PRINCIPAL SECRETARY (EDUCATION) TO
THE GOVERNMENT OF HIMACHAL PRADESH,
SHIMLA-171002.
.
2. DIRECTOR OF HIGHER EDUCATION,
HIMACHAL PRADESH, SHIMLA-171001
RESPONDENTS
(BY MR. SUDHIR BHATNAGAR, ADDITIONAL
ADVOCATE GENERAL)
5. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 6525 OF
2019
BETWEEN
1. KULBIR KUMAR S/O SH JAI RAM. VILLAGE
KOT-LANGSAN, P.O. AWAHDEVI, TEHSIL
BHORANJ. DISTRICT HAMIRPUR. H.P.
PRESENTLY WORKING AS ASSISTANT
LIBRARIAN AT GSSS CHAMBOH, DISTRICT
HAMIRPUR, H.P.
2. KASHMIR CHAND S/O SH GORAKH RAM,
VILLAGE KUSWAR, P.O. MASIYANA. TEHSIL
AND DISTRICT HAMIRPUR, H.P. PRESENTLY
WORKING AS ASSISTANT LIBRARIAN AT GSSS
MATAHNI.
3. MADHUBALA W/O SHSANJEEV KUMAR,
VILLAGE GREYOH. P.O. KANGU-KA-GEHRA,
TEHSIL SARKAGHAT. DISTRICT MANDI, H.P.
PRESENTLY WORKING AS ASSISTANT
LIBRARIAN AT GSSS LANGNI PRESENTLY
UNDER TRANSFER TO GSSS TIHRA, DISTRICT
MANDI, H.P.
4. RAJEEV CHAUHAN S/O SHPRITAM SINGH,
VILLAGE RASAIN, P.O. AND TEHSIL
SARKAGHAT, DISTRICT MANDI, H.P.
PRESENTLY WORKING AS ASSISTANT
LIBRARIAN AT GSSS PAPLOG. TEHSIL
SARKAGHAT, DISTRICT MANDI, H.P.
5. VIJAY KUMAR BANER S/O SHPARKASH
CHAND, VILLAGE TIKKRI, P.O. RAKHOH,
TEHSIL SARKAGHAT. DISTRICT MANDI, H.P.
PRESENTLY WORKING AS ASSISTANT
::: Downloaded on - 17/10/2022 20:01:12 :::CIS
12
LIBRARIAN AT GSSS MASERAN, DISTRICT
MANDI, H.P.
6. ANJUBALA D/O SHDHARAM SINGH, VPO
BHUKKAR, TEHSIL BHORANJ. DISTRICT
HAMIRPUR, PRESENTLY WORKING AS
ASSISTANT LIBRARIAN AT DISTRICT LIBRARY
HAMIRPUR, H.P.
.
7. MEERA DEVI D/O SH SITA RAM. VILLAGE NERI,
P.O. BUDHAN, TEHSIL BANGANA, DISTRICT
UNA, H.P. PRESENTLY WORKING AS
ASSISTANT LIBRARIAN AT GSSS DHUNDLA,
DISTRICT UNA, H.P.
8. SAPNA KUMARI W/O SH SATISH KUMAR,
VILLAGE GHARAN, P.O. BARI, TEHSIL AND
DISTRICT HAMIRPUR, H.P PRESENTLY
WORKING AS ASSISTANT LIBRARIAN AT GSSS
JHAGRIANI, DISTRICT HAMIRPUR, H.P.
9. SUNITA W/O SH RAKESH THAKUR, VILLAGE
KUNALGGALI, P.O. SARKAGHAT. DISTRICT
MANDI,H.P. PRESENTLY WORKING AS
ASSISTANT LIBRARIAN AT GSSS (BOYS)
SARKAGHAT, DISTRICT MANDI, H.P.
10. KANCHANBALA W/O SH MUKHTIAR SINGH,
VILLAGE NANHUN, P.O. PROUL, TEHSIL
FATEHPUR, DISTRICT KANGRA, H.P.
PRESENTLY WORKING AS ASSISTANT
LIBRARIAN AT GSSS KOTLA, TEHSIL JAWALI,
DISTRICT KANGRA, H.P.
11. BHAG SINGH S/O SH BITTU RAM, VILLAGE
NANHUN, P.O. PROUL, TEHSIL FATEHPUR,
DISTRICT KANGRA, H.P. PRESENTLY
WORKING AS ASSISTANT LIBRARIAN AT GSSS
KHATAIR. TEHSIL FATEHPUR, DISTRICT
KANGRA, H.P.
12. SHASHILATA W/O SH CHUNILAL. VPO NAURA.
TEHSIL PALAMPUR, DISTRICT KANGRA, H.P.
PRESENTLY WORKING AS ASSISTANT
LIBRARIAN AT GSSS PASSU, TEHSIL
DHARMSHALA, DISTRICT KANGRA, H.P
13. ANJNA KUMARI W/O SH SUBHASH CHAND,
VPO CHANOUR, TEHSIL DADA SIBA. DISTRICT
KANGRA, H.P. PRESENTLY WORKING AS
ASSISTANT LIBRARIAN AT GSSS DADA SIBA,
DISTRICT KANGRA, H.P.
::: Downloaded on - 17/10/2022 20:01:12 :::CIS
13
14. RAJNEESH LATA D/O LATE SH ONKAR CHAND
SHARMA, VPO RAKKAR. TEHSIL RAKKAR,
DISTRICT KANGRA, H.P. PRESENTLY
WORKING AS ASSISTANT LIBRARIAN AT GSSS
(BOYS) GARLI, TEHSIL RAKKAR, DISTRICT
KANGRA, H.P.
15. ANITA KUMARI W/O SH PARDEEP KUMAR.
.
VILLAGE AGOJAR, P.O. ANDRETTA, TEHSIL
PALAMPUR, DISTRICT KANGRA, H.P.
PRESENTLY WORKING AS ASSISTANT
LIBRARIAN AT GSSS PAHRA, DISTRICT
KANGRA, H.P.
16. RAJNI DEVI D/O SH BALANAND, VILLAGE
MAHORI, P.O. BHUTTI, TEHSIL KUMARSAIN,
DISTRICT SHIMLA, H.P. PRESENTLY WORKING
AS ASSISTANT LIBRARIAN AT GSSS
KOTGARH, DISTRICT SHIMLA, H.P.
(BY MR. DILIP SHARMA, SENIOR ADVOCATE WITH
r PETITIONERS
MR. MANISH SHARMA AND MR. VIKAS RAJPUT, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH THROUGH
ITS PRINCIPAL SECRETARY (EDUCATION) TO
THE GOVERNMENT OF HIMACHAL PRADESH,
SHIMLA-171002.
2. DIRECTOR OF HIGHER EDUCATION,
HIMACHAL PRADESH, SHIMLA-171001
RESPONDENTS
(BY MR. SUDHIR BHATNAGAR, ADDITIONAL
ADVOCATE GENERAL)
6. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 7655 OF
2019
BETWEEN
1. BISHAN SINGH RANA S/O SH. HAMIR SINGH
RANA VILLAGE GHAGHETTA, P.O. SALAN,
TEHSIL PALAMPUR, DISTT KANGRA, H.P.
PRESENTLY WORKING AS ASSISTANT
LIBRARIAN AT GSSS DAROH DISTT KANGRA,
H.P.
::: Downloaded on - 17/10/2022 20:01:12 :::CIS
14
2. SANTOSH KUMARI W/O SH DESH RAJ VILLAGE
GASOTA PO BOHNI, TEHSIL AND DISTRICT
HAMIRPUR, PRESENTLY POSTED AS
ASSISTANT LIBRARIAN AT GSSS MEHAL,
DISTRICT HAMIRPUR, H.P.
3. RAVINDER KUMAR S/O SH JULFI RAM VILLAGE
KAROUNTHI, P.O. SKOH TEHSIL JAISINGHPUR,
.
DISTRICT KANGRA, H.P. PRESENTLY
WORKING AS ASSISTANT LIBRARIAN AT
THAKUR JAGDEV MEMORIAL DEGREE
COLLEGE SUJANPUR TIHRA, DISTRICT
HAMIRPUR, H.P.
4. RAJESH KUMAR S/O SH. DHARM PAL, VPO
JAWALA MUKHI, NEAR GHS(GIRLS) TEHSIL
JAWALA MUKHI, DISTT KANGRA, H.P.
PRESENTLY WORKING AS ASSISTANT
LIBRARIAN AT GOVERNMENT DEGREE
COLLEGE HARIPUR (GULER) DISTT KANGRA,
H.P.
5. ANAND SAGAR S/O SH BELI RAM VPO
CHANDROTO, TEHSIL BAROH, DISTRICT
KANGRA, H.P. PRESENTLY WORKING AS
ASSISTANT LIBRARIAN AT GSSS AERLA,
DISTRICT KANGRA, H.P.
6. SHASHI KUMAR S/O SH MAST RAM VILLAGE
KHALET P.O. CHOWKI KHALET, TEHSIL
PALAMPUR, DISTRICT KANGRA, H.P.
PRESENTLY WORKING AS ASSISTANT
LIBRARIAN AT GSSS PAROUR, DISTRICT
KANGRA, H.P
7. MANJU KUMARI D/O SH. PRITTAM CHAND VPO
GARH JAMULA, TEHSIL PALAMPUR, DISTT
KANGRA, H.P. PRESENTLY WORKING AS
ASSISTANT LIBRARIAN AT GSSS THURAL,
DISTT KANGRA, H.P.
8. VIJAY SINGH S/O SH SHIV SINGH VPO
MAHARAL, TEHSIL BARSAR, DISTRICT
HAMIRPUR, H.P. PRESENTLY WORKING AS
ASSISTANT LIBRARIAN AT GSSS (BOYS)
HAMIRPUR, DISTRICT HAMIRPUR, HP.
9. BRIJESH PAL S/O SH JOGINDER RAJ VILLAGE
DARYPTA P.O. BHIRA, DISTRICT HAMIRPUR
PRESENTLY POSTED AS ASSISTANT
LIBRARIAN AT GSSS DIDWAN, DISTRICT
HAMIRPUR, H.P.
::: Downloaded on - 17/10/2022 20:01:12 :::CIS
15
10. MEENA KUMARI W/O SH SURESH KUMAR
VILLAGE DHAKYAN, P.O. BAHINA, TEHSIL
BARSAR. DISTRICT HAMIRPUR, H.P.
PRESENTLY POSTED AT GSSS BIJHARI,
DISTRICT HAMIRPUR, H.P.
11. NIRMLA DEVI W/O SH ASHWANI RATTAN
VILLAGE LADHERA, P.O. TIKKARI MINHASAN,
.
TEHSIL BHORANJ. DISTRICT HAMIRPUR, H.P.
PRESENTLY POSTED AS ASSISTANT
LIBRARIAN AT GSSS BHOTTA. DISTRICT
HAMIRPUR, H.P.
12. ANJNA KUMARI W/O TARSEM SINGH VILLAGE
KUNHANI, P.O. TIPPER, TEHSIL BARSAR,
DISTRICT HAMIRPUR, H.P. PRESENTLY
WORKING AS ASSISTANT LIBRARIAN AT GSSS
TIPPER, DISTRICT HAMIRPUR, H.P.
(BY MR. DILIP SHARMA, SENIOR ADVOCATE WITH
PETITIONERS
MR. MANISH SHARMA AND MR. VIKAS RAJPUT, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH THROUGH
ITS PRINCIPAL SECRETARY (EDUCATION) TO
THE GOVERNMENT OF HIMACHAL PRADESH,
SHIMLA-171002.
2. DIRECTOR OF HIGHER EDUCATION,
HIMACHAL PRADESH, SHIMLA-171001
RESPONDENTS
(BY MR. SUDHIR BHATNAGAR, ADDITIONAL
ADVOCATE GENERAL)
7. CIVIL WRIT PETITION NO. 2409 OF 2020
BETWEEN
MANMOHAN GOPAL KAYASTHA S/O SH. RAMESH
CHAND KAYASTHA, H.NO.24, WARD NO 1,
KAISTHAWARI ROAD, NAGROTA BAGWAN, TEHSIL
NAGROTA BAGWAN, DISTRICT KANGRA, H.P.
PRESENTLY WORKING AS ASSISTANT LIBRARIAN AT
GOVT. PG COLLEGE NAGROTA BAGWAN, DISTRICT
KANGRA, H.P.
PETITIONER
(BY MR. DILIP SHARMA, SENIOR ADVOCATE WITH
::: Downloaded on - 17/10/2022 20:01:12 :::CIS
16
MR. MANISH SHARMA AND MR. VIKAS RAJPUT, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH THROUGH
ITS PRINCIPAL SECRETARY (EDUCATION) TO
THE GOVERNMENT OF HIMACHAL PRADESH,
SHIMLA-171002.
.
2. DIRECTOR OF HIGHER EDUCATION,
HIMACHAL PRADESH, SHIMLA-171001
RESPONDENTS
(BY MR. SUDHIR BHATNAGAR, ADDITIONAL
ADVOCATE GENERAL)
8. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 654 OF
2020
BETWEEN
1. YOJNA W/O SH. AJAY SINGH PARMAR, VPO
SIDHPUR, TEHSIL DHARMSHALA, DISTRICT
KANGRA, H.P. PRESENTLY WORKING AS
ASSISTANT LIBRARIAN AT GOVERNMENT
DISTRICT LIBRARY, DHARMSHALA, DISTRICT
KANGRA, H.P.
2. SUDHA KUMARI W/O SH SUBHASH CHAND,
VILLAGE MOHIN, P.O. GOPALPUR, TEHSIL
SARKAGHAT, DISTRICT MANDI, H.P.
PRESENTLY WORKING AS ASSISTANT
LIBRARIAN AT GSSS JAHU, TEHSIL BHORANJ,
DISTRICT HAMIRPUR, H.P.
3. MANISH KUMAR S/O SH DESH RAJ, VILLAGE
BANGRED DHIMA, P.O. GHAROH, TEHSIL
DHARMSHALA, DISTRICT KANGRA, H.P.
PRESENTLY WORKING AS ASSISTANT
LIBRARIAN AT GOVERNMENT COLLEGE
DHARAMSHALA, DISTRICT KANGRA, H.P.
4. ROOM KUMARI W/O SH CHANDER MOHAN,
VPO SAKOH, WARD NO 9, TEHSIL
DHARMSHALA, DISTRICT KANGRA, H.P.
PRESENTLY WORKING AS ASSISTANT
LIBRARIAN AT GSSS DHUGIARI, TEHSIL
DHARMSHALA, DISTRICT KANGRA, H.P.
5. SEEMA KUMARI W/O SH SANJAY KUMAR, VPO
KACHHIARI, TEHSIL AND DISTRICT KANGRA,
H.P. PRESENTLY WORKING AS ASSISTANT
::: Downloaded on - 17/10/2022 20:01:12 :::CIS
17
LIBRARIAN AT GSSS NANDROOL, TEHSIL AND
DISTRICT KANGRA, H.P.
6. RAJNISH LATA D/O SH. ONKAR CHAND
SHARMA VPO AND TEHSIL RAKKAR, DISTRICT
KANGRA, H.P. PRESENTLY WORKING AS
ASSISTANT LIBRARIAN AT GSSS GARLI,
TEHSIL RAKKAR, DISTRICT KANGRA, HP
.
PETITIONERS
(BY MR. DILIP SHARMA, SENIOR ADVOCATE WITH
MR. MANISH SHARMA AND MR. VIKAS RAJPUT, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH THROUGH
ITS PRINCIPAL SECRETARY (EDUCATION) TO
THE GOVERNMENT OF HIMACHAL PRADESH,
SHIMLA-171002.
2. DIRECTOR OF HIGHER EDUCATION,
HIMACHAL PRADESH, SHIMLA-171001
RESPONDENTS
(BY MR. SUDHIR BHATNAGAR, ADDITIONAL
ADVOCATE GENERAL)
9. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 2931 OF
2020
BETWEEN
1. MRIDULA THAKUR W/O SH SATISH THAKUR,
VILLAGE UPPER GHANALA, P.O. & TEHSIL
SANDHOLE, DISTRICT MANDI, H.P. PRESENTLY
WORKING AS ASSISTANT LIBRARIAN AT GSSS
JHANGI, DISTRICT MANDI, H.P. ON
DEPUTATION AT GOVT. DEGREE COLLEGE
SANDHOLE, DISTRICT MANDI, H.P.
2. SUNIL KUMAR DHIMAN S/O LATE SH MEHAR
CHAND, VILLAGE LASHRANA, P.O. AND TEHSIL
SANDHOLE, DISTRICT MANDI, H.P. PRESENTLY
WORKING AS ASSISTANT LIBRARIAN AT GSSS
KOTHUWAN, DISTRICT MANDI, H.P.
PETITIONERS
(BY MR. DILIP SHARMA, SENIOR ADVOCATE WITH
MR. MANISH SHARMA AND MR. VIKAS RAJPUT, ADVOCATE)
AND
::: Downloaded on - 17/10/2022 20:01:12 :::CIS
18
1. STATE OF HIMACHAL PRADESH THROUGH
ITS PRINCIPAL SECRETARY (EDUCATION) TO
THE GOVERNMENT OF HIMACHAL PRADESH,
SHIMLA-171002.
2. DIRECTOR OF HIGHER EDUCATION,
HIMACHAL PRADESH, SHIMLA-171001
.
RESPONDENTS
(BY MR. SUDHIR BHATNAGAR, ADDITIONAL
ADVOCATE GENERAL)
10. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 4596 OF
2020
BETWEEN
1. SWATI PARASHER D/O SH TILAK RAJ, VILLAGE
SHIVPURI. P.O. SAMNOLI, TEHSIL DEHRA,
DISTRICT KANGRA, H.P. PRESENTLY
WORKING AS ASSISTANT LIBRARIAN AT GSSS
CHINTPURI, DISTRICT UNA, H.P.
2.
RAMESH KUMAR S/O SH DAULAT RAM,
VILLAGE CHHATING, P.O. TRILOKNATH, SUB
TEHSIL UDAIPUR, DISTRICT LAHAUL AND
SPITI, H.P. PRESENTLY WORKING AS
ASSISTANT LIBRARIAN AT GSSS UDAIPUR,
DISTRICT LAHAUL AND SPITI, H.P.
3. BALVINDER KAUR W/O SH TALWINDER SINGH,
VPO KOTLA KHURD, TEHSIL AND DISTRICT
UNA,H.P. PRESENTLY WORKING AS
ASSISTANT LIBRARIAN AT GSSS TAKKA,
DISTRICT UNA, H.P.
4. RAJ KUMAR S/O SH BIRBAL VILLAGE
UDAIPUR, P.O. CHARATGARH, TEHSIL AND
DISTRICT UNA, H.P.PRESENTLY WORKING AS
ASSISTANT LIBRARIAN AT GSSS(BOYS) UNA,
DISTRICT UNA, H.P.
5. ASHOK PAL SINGH S/O SH DEV RAJ, VILLAGE
AND P.O. CHANDROT, TEHSIL BAROH,
DISTRICT KANGRA, H.P. PRESENTLY
WORKING AS ASSISTANT LIBRARIAN AT GSSS
SUNHI, DISTRICT KANGRA, H.P.
6. RASID AHMED POSWAL S/O SH BABU KHAN
POSWAL, VPO BEHA, TEHSIL NADAUN,
DISTRICT HAMIRPUR, H.P. PRESENTLY
::: Downloaded on - 17/10/2022 20:01:12 :::CIS
19
WORKING AS ASSISTANT LIBRARIAN AT
GOVERNMENT DEGREE COLLEGE HAMIRPUR,
DISTRICT HAMIRPUR, H.P.
7. SAROJ KUMARI W/O SH PRAKASH CHAND
THAKUR, VILLAGE NAKHRER MUNSHIANA,
P.O. KULHERA, TEHSIL AND DISTRICT
HAMIRPUR, H.P. PRESENTLY WORKING AS
.
ASSISTANT LIBRARIAN AT GSSS CHABUTRA,
DISTRICT HAMIRPUR, H.P.
8. PAWAN W/O MEHAR SINGH VILLAGE GHAR
KHAS, P.O. MALKHER, TEHSIL PALAMPUR,
DISTRICT KANGRA, H.P. PRESENTLY
WORKING AS ASSISTANT LIBRARIAN AT GSSS
GHAR JAMULA, DISTRICT KANGRA, H.P.
9. BALWANT KAUR D/O SH. PURAN SINGH,
VILLAGE AND P.O. KATORA, TEHSIL JAWALI.
DISTRICT KANGRA, H.P. PRESENTLY
WORKING AS ASSISTANT LIBRARIAN AT GSSS
NAGROTA SURIAN, DISTRICT KANGRA, H.P.
10. KUSUM LATA W/O SH SURINDER KUMAR, VPO
SUNHI, TEHSIL BAROH, DISTRICT KANGRA,
H.P.PRESENTLY WORKING AS ASSISTANT
LIBRARIAN AT GSSS BAROH, DISTRICT
KANGRA, H.P.
11. DEVINDER KUMAR S/O SH MILKHI RAM,
VILLAGE KEHARWIN, P.O. BALOH, TEHSIL
BHORANJ. DISTRICT HAMIRPUR, H.P.
PRESENTLY WORKING AS ASSISTANT
LIBRARIAN AT GSSS PAROL, DISTRICT
HAMIRPUR, H.P.
PETITIONERS
(BY MR. DILIP SHARMA, SENIOR ADVOCATE WITH
MR. MANISH SHARMA AND MR. VIKAS RAJPUT, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH THROUGH
ITS PRINCIPAL SECRETARY (EDUCATION) TO
THE GOVERNMENT OF HIMACHAL PRADESH,
SHIMLA-171002.
2. DIRECTOR OF HIGHER EDUCATION,
HIMACHAL PRADESH, SHIMLA-171001
RESPONDENTS
::: Downloaded on - 17/10/2022 20:01:12 :::CIS
20
(BY MR. SUDHIR BHATNAGAR, ADDITIONAL
ADVOCATE GENERAL)
11. CIVIL WRIT PETITION NO. 1126 OF 2021
BETWEEN
POOJA DEVI D/O SH TULSI RAM W/O SH JITENDER
SINGH, VPO CHHAT, TEHSIL GHUMARWIN, DISTRICT
.
BILASPUR, H.P. PRESENTLY WORKING AS
ASSISTANT LIBRARIAN AT GSSS SUNHANI, DISTRICT
BILASPUR, H.P.
PETITIONER
(BY MR. DILIP SHARMA, SENIOR ADVOCATE WITH
MR. MANISH SHARMA AND MR. VIKAS RAJPUT, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH THROUGH
ITS PRINCIPAL SECRETARY (EDUCATION) TO
THE GOVERNMENT OF HIMACHAL PRADESH,
SHIMLA-171002.
2. DIRECTOR OF HIGHER EDUCATION,
HIMACHAL PRADESH, SHIMLA-171001
RESPONDENTS
(BY MR. SUDHIR BHATNAGAR, ADDITIONAL
ADVOCATE GENERAL)
This petition coming on for orders this day, the court passed the following:
O R D E R
Since, the issues raised and reliefs claimed in all these petitions are the same, they were heard together and the same are being disposed of vide this common order. However, facts, averments and documents annexed with CWPOA No. 4421 of 2019 are being discussed.
2. Briefly stated the facts, shorn of unnecessary details, but relevant for the adjudication of the cases at hand are that vide advertisement No. 05/2002, dated 10.10.2002 (Annexure P-1), respondent Department advertised 88 posts of Assistant Librarian, wherein essential qualification ::: Downloaded on - 17/10/2022 20:01:12 :::CIS 21 for the said post was matriculation with diploma/certificate in Library Sciences. Being fully eligible, petitioners herein applied for the aforesaid post but the selection process could not be carried forward as such, no appointment came to be made. In the year 2009, respondents again .
advertised posts of Assistant Librarian vide advertisement No. 14/2009, dated 17.2.2009 (Annexure P-2), wherein total number of 82 posts were advertised and essential qualification was matriculation with diploma/certificate in library sciences from recognized Board/University. Most importantly, in the aforesaid advertisement, it specifically came to be mentioned that the candidates, who had applied earlier against post code No. 0123, advertised vide advertisement No. 05/2002, dated 10.10.2002 (Annexure P-1), need not apply again.
3. Pursuant to aforesaid advertisement issued in the year 2009 (Annexure P-2), petitioners herein came to be appointed on contract basis by a common order issued in 2009-10. Subsequently, in the year 2015- 16, vide separate orders, services of the petitioners were regularized. Copies of some of such orders are annexed as Annexures P-3 and P-4.
4. Since the petitioners herein, who claim themselves to be similarly situate to other Assistant Librarians, who stood appointed before promulgation of new recruitment and promotion rules notified in the year 2010, were denied UGC pay scales after regularization, they approached erstwhile Himachal Administrative Tribunal for grant of UGC pay scales vide original applications No. 3858 of 2016 and 6377 of 2016, which were decided on 11.8.2016 and 9.12.2016, respectively. Learned Tribunal below, having taken note of the fact that both the cases detailed herein above are covered by judgment passed by this Court in LPA No. 146 of ::: Downloaded on - 17/10/2022 20:01:12 :::CIS 22 2009, further affirmed by Hon'ble Apex Court in SLP having been filed by the State of Himachal Pradesh, disposed of the aforesaid original applications in terms of the judgment dated 23.12.2015, passed by this court in LPA No. 146 of 2009 alongwith connected matters, with the .
direction to the respondents that subject to verification of applicants being similarly situate persons as above, benefit of the aforesaid judgment, if the same has attained finality and stands implemented, shall also be extended to them alongwith consequential benefits, without discrimination, within three months from the date of production of a certified copy thereof (Annexure P-5 and Annexure P-6).
5. After passing of the aforesaid orders by Himachal Administrative Tribunal, petitioners filed representation, Annexure P-7, alongwith certified copy of orders to the respondents. However, respondents vide order issued in January, 2017 (Annexure P-8), rejected the representation on the ground that the services of the petitioners have been regularized in the year 2015-16 and their services are covered under Himachal Pradesh Education Department Assistant Librarian Class III, Non Gazetted Recruitment and Promotion Rules, 2010 and as such, they cannot claim themselves to be similarly situate persons to those, who were appointed against the post of Assistant Librarian in terms of old Rules. Though the petitioners herein filed execution petition before erstwhile Himachal Administrative Tribunal i.e. Execution Petition No. 45 of 2016, however, the same was withdrawn after passing of order on the representations having been filed by the petitioners, wherein claim of the petitioners was rejected on the ground that they are not similarly situate persons and they were appointed as Assistant Librarian in terms of old Rules. In the ::: Downloaded on - 17/10/2022 20:01:12 :::CIS 23 aforesaid background, petitioners approached Himachal Administrative Tribunal by way of original applications, which now stand transferred to this Court and re-registered as CWPOA's, seeking therein following relief (extracted from CWPOA No. 4421 of 2019):
.
"That the applicants may kindly be granted the UGC scale along with grade pay and other allowances from the date of regularization along with 9% interest and along with the cost."
6. I have heard learned counsel appearing for the parties and perused the material available on record.
7. The question, which has fallen for adjudication before this Court is, "whether the petitioners are governed by new Recruitment and Promotion Rules notified on 12.7.2010, Annexure P-11 and whether they can be denied UGC pay scales which are being paid to other similarly situate persons i.e. Assistant Librarians, on the ground that their services were regularized in 2015-16, after promulgation of Recruitment and Promotion Rules notified on 12.7.2010? or "whether the petitioners belong to same cadre of Assistant Librarians, who have been extended benefit of UGC scale pursuant to judgment in LPA No. 146 of 2017 titled state v. VD Saraswati and others hence entitled to same pay scales as granted to their counterparts in aforesaid appeal"
8. In nutshell, grouse of the petitioners as has been highlighted in the petitions and has been further canvassed by Mr. Dilip Sharma, learned senior counsel is that new Recruitment and Promotion Rules notified vide Notification dated 12.7.2010, do not have retrospective operation and cannot be applied to the petitioners to defeat their just and rightful claim. Mr. Dilip Sharma, learned senior counsel for the petitioners argued that ::: Downloaded on - 17/10/2022 20:01:12 :::CIS 24 though the petitioners were appointed on contract basis in the year 2009- 2010, but on the basis of advertisement issued by HPSSSB Hamirpur on 10.10.2002 (Annexure P-1), wherein essential qualifications were the same as prescribed in the recruitment and promotion rules notified vide .
Notification dated 24.5.2000 and the posts were in the pre-revised pay scale of Rs. 4020-6200/-. He further submitted that the qualifications prescribed in the recruitment and promotion rules notified on 24.5.2000, was as per old rules notified on 24.5.2000 and the recruitment process for batch-wise selection initiated vide requisition dated 16.9.2008 (Annexure RJ-1) was also governed by the same recruitment and promotion rules notified on 24.5.2000. He submitted that new Recruitment and Promotion Rules notified vide Notification dated 12.7.2010 cannot be said to have retrospective operation because, in that event, the recruitment process initiated vide new Recruitment and Promotion Rules would have been abandoned as the candidates having qualification as per 2000 rules were rendered ineligible as per new rules notified in 2010. While inviting attention of this Court to Annexure P-13, regularization policy, Mr. Sharma, contended that the regularization was done strictly on the basis of seniority subject to condition that eligibility criteria etc. prescribed in Recruitment and Promotion Rules for the post have been observed at the time of initial recruitment on contract basis. Mr. Sharma, further submitted that if the recruitment of the petitioners was to be governed under the new Rules, they could not have been regularized after promulgation of new Rules in 2010. Lastly Mr. Sharma submitted that otherwise also action of the respondents in denying UGC pay scales to the petitioners is totally arbitrary and discriminatory, especially when it is not in dispute that other ::: Downloaded on - 17/10/2022 20:01:12 :::CIS 25 similarly situate persons, who were appointed as Assistant Librarians, prior to promulgation of new rules have been granted UGC pay scales. He also submitted that otherwise also, Division Bench of this Court in case titled State v. VD Sarswati, vide judgment dated 23.12.2017, has .
category held that all the Assistant Librarians constitute one homogenous class as such, there cannot be any discrimination in granting higher pay scales.
9. Mr. Sudhir Bhatnagar, learned Additional Advocate General, while refuting aforesaid submissions made on behalf of the petitioners contended that the service of Government employee are governed by set norms framed by State Government therefore, the State has released UGC pay scales to those Assistant Librarians/Librarians, who are appointed on regular basis before 2008 and who are similarly situate persons to those in V.D. Saraswati case, with effect from 1.4.1981. He submitted that since the petitioners were appointed in the year 2009- 2010 on contract basis under revised Recruitment and Promotion Rules, they cannot claim parity with the persons, who stood appointed on regular basis before 2008. He submitted that the Recruitment and Promotion Rules notified in December, 1973 were repealed by Himachal Pradesh Higher Education Department, Assistant Librarians Class III Non Gazetted Recruitment and Promotion Rules 2010, which were applicable on the date of regularizations of Assistant Librarians in question and as such, petitioners are entitled for pay scale provided in the Rules of 2010. While fairly admitting the factum with regard to decision rendered by Division Bench of this court in V.D. Saraswati supra, Mr. Bhatnagar, submitted that UGC pay scale was given to Assistant Librarian appointed before 2008 ::: Downloaded on - 17/10/2022 20:01:12 :::CIS 26 and similarly situate petitioners in LPA No. 146 of 2009. He submitted that pay scale of Rs.15600-39100 Plus grade pay of Rs.6000 is not for Assistant Librarians, rather to Librarian College Cadre, which is special scale to said cadre on the analogy of V.D. Saraswati case. He submitted .
that the pay scale of Librarian College Cadre is Rs.15600-39100+6000 Grade Pay and Department fixed the pay in the scale of Rs.37400- 67000+9000 Grade Pay of those Librarians, College Cadre, who have been awarded said scale by the Government after fulfilling eligibility criteria and norms prescribed by UGC as per their API score. He submitted as per Recruitment and Promotion Rules of Librarian, the qualification is "Master Degree in Library Science with 55% marks and NET. He submitted that since the petitioners were regularized in the pay scale of Rs.5910-20200 + 2400 grade pay as provided in Recruitment and Promotion Rules 2010, in the years 2015 and 2016, therefore, petitioners are not entitled to benefit of UGC pay scale beyond express provision of Recruitment and Promotion Rules by making reference to V.D. Saraswati supra.
10. Having heard learned counsel for the parties and perused the material available on record, especially the reply filed on behalf of the respondent-State, this court finds that the facts as noticed herein above are not in dispute, rather stand admitted in the reply. Petitioners herein, who were diploma holders in Library Sciences were appointed on contract basis in the years 2009-10 as Assistant Librarians pursuant to advertisement issued on 10.2.2002 and then on 17.2.2009 in the pay scale of Rs.5910-20200 + 2400 Grade Pay with initial start of Rs. 9730. It is also not in dispute that the petitioners were regularized in the year ::: Downloaded on - 17/10/2022 20:01:12 :::CIS 27 2015-16 in the same pay scale. Grouse of the petitioners is that they should have been provided UGC Pay Scale as has been granted to the persons, who were appointed as Assistant Librarians in terms of old rules, which were subsequently repealed and new rules of 2010 came into .
force. It is not in dispute that the recruitment process initiated vide advertisement dated 10.10.2002 Annexure P-1, whereby applications for 88 posts of Assistant Librarians were invited, was abandoned and thereafter fresh selection process was initiated vide advertisement Annexure P-2, thereby inviting applications for 82 posts of Assistant Librarians in the pay scale of Rs.4020-6200. In the said advertisement, it specifically came to be notified that 'candidate, who had earlier applied under post code 0123 need not apply again'. Record reveals that vide requisition issued on 16.8.2008 (Annexure RJ1) by respondent No.2, Employment Exchanges were requested to sponsor names of eligible candidates for the posts of Assistant Librarians. As per Sr. No. 6A the number of posts was 100 and as per Clause 7(a), essential qualification was, Matriculate or its equivalent recognized Board of School Education/ Institute, with diploma in Library Science from a recognized Institute. B.Lib. Science candidate are/were also eligible for this post.
11. Perusal of aforesaid requisition (page 176) reveals that general candidates upto batch 2000 were eligible and candidate belonging to other categories were eligible upto later years of their batches, meaning thereby requisition was for batch wise recruitment through departmental selection process. Another requisition was issued on 16.9.2008 by respondent No.2 whereby Himachal Pradesh Subordinate Staff Selection Board was requested to recommend candidates for 100 posts of Assistant ::: Downloaded on - 17/10/2022 20:01:12 :::CIS 28 Librarians. Essential qualification as per Clause 10A was that a candidate should be matriculate or its equivalent from a recognized Board/School/Institute with diploma in Library Sciences from recognized institute". Sr. No. 4(c) of requisition reads as follows .
4(a) Is the post permanent? No.
4(b) is the post temporary Yes. The posts are temporary
purely on contract basis
4(c) If so, state:- They will be initially appointed
on contractual basis for one
year which may be renewable
for another year and thereafter
contract will be renewed
subsequently for further 3 years
subject to good performance.
After 5 years, on the basis of
good performance they will be
considered for regularization in
the pay scale of Rs. 4020-
6200/-
12.
Second advertisement was issued pursuant to requisition dated 16.9.2008, meaning thereby that the recruitment process for Assistant Librarians initiated by Himachal Pradesh Subordinate Staff Selection Board vide advertisement dated 10.10.2002 was continued vide second advertisement dated 17.2.2009, which was otherwise issued in continuation of advertisement dated 10.10.2002, wherein essential qualification was prescribed as per Recruitment and Promotion Rules notified vide Notification dated 24.5.2000 and the posts were in pre- revised pay scale of Rs.4020-6200. Even recruitment process for batch wise appointment vide requisition dated 16.9.2008 was also governed by same Recruitment and Promotion Rules notified on 24.5.2000.
13. Vide order dated 19.9.2009, Assistant Librarians were appointed on the recommendations of Himachal Pradesh Subordinate Staff Selection Board, vide communication dated 16.9.2008. After aforesaid ::: Downloaded on - 17/10/2022 20:01:12 :::CIS 29 appointment, the Recruitment and Promotion Rules for the post of Assistant Librarians were notified on 12.7.2010 Annexure P-11. Vide said Notification, the pay scale of Rs.5910-20200+2400 grade pay with initial pay of Rs.9880/- was prescribed with the stipulation that Assistant .
Librarian appointed on contract basis will be paid consolidated fixed contractual amount at the rate of Rs.8310/- per month, which shall be equal to minimum of the pay band+grade pay. As per column 15A. essential qualification was changed in column No.7 which reads as under:
7. Minimum educational a) Essential Qualification:
& other qualification should be Graduate in any discipline or required for direct its equivalent from a recognized recruitment/ Contract Institute with one year Diploma or appointment. certificate in Library science/ Library and Information Science from a recognized Board/ University or Graduate in any discipline with Bachelor Degree in Library Science/ Library and Information Science.
14. After promulgation of new rules, Department appointed 77 Assistant Librarians on contact basis on the recommendations of Himachal Pradesh Subordinate Staff Selection Board vide order dated 27.10.2010 (179 of paper book). In the aforesaid selection process, petitioners also came to be appointed on contact basis on the recommendations of the Himachal Pradesh Subordinate Staff Selection Board.
::: Downloaded on - 17/10/2022 20:01:12 :::CIS 30
15. Rule 2 of Recruitment and Promotion Rules dated 12.7.2010 annexure P-2 available at page 92 reads as under:
These rules shall come into force from the date of the publication in the Rajpatra Himachal Pradesh.
16. It is apparent from the reading of the aforesaid rule that these rules .
had prospective operation and did not affect selection process initiated prior to promulgation of these Rules. Otherwise previous recruitment process, which was being conducted on the basis of qualification prescribed in old rules, would have been cancelled because essential qualification was changed in new rules. In light of essential qualification in new rules, candidates, being considered under old rules, would have been rendered ineligible.
17. Vide order dated 6.7.2015 (Annexure P-4) Assistant Librarians were regularized in the pay scale of Rs.5910-20200+2400 grade pay. Vide another Notification dated 27.4.2016 (Annexure P-3), 16 Assistant Librarians were also regularized in same pay scale.
18. Though the petitioners here in were considered for appointment as Assistant Librarians on batch wise basis pursuant to advertisements dated 10.10.2002 and 17.2.2009 (Annexure P-1 and P-2) issued by Himachal Pradesh Subordinate Staff Selection Board, but since they came to be appointed on contract basis after promulgation of new Recruitment and Promotion Rules notified on 12.7.2010, they have been denied UGC pay scales being paid to the Assistant Librarians, who were appointed prior to the year 2008. Case of the respondent-State is that since the petitioners came to be appointed after promulgation of new Recruitment and Promotion Rules, they are not entitled to UGC pay ::: Downloaded on - 17/10/2022 20:01:12 :::CIS 31 scales, which was only paid in the case of Assistant Librarians who were appointed prior to promulgation of new Recruitment and Promotion Rules, wherein essential qualification was completely changed vis-à-vis rules of 1973, however, there appears to be no merit in the said claim of the .
respondents, because if the recruitment of petitioner, is/was to be governed under new rules, they could not have been appointed in the year 2010. All the petitioners were regularized as Assistant Librarians vide orders dated 6.7.2015/27.4.2016 Annexure P-4/P-3 in the pay scale of Rs.5910-20200+2400 grade pay.
19. Even the policy of regularization clearly provides that regularization would be strictly on the basis of seniority subject to the condition that eligibility criteria etc. prescribed in the recruitment and promotion rules for the post have been observed at the time of their initial recruitment on contract.
20. It is not the case of the respondents, that the petitioners were not having requisite qualification in terms of Recruitment and Promotion Rules at the time of their initial appointment on contract basis. No doubt, after promulgation of new Recruitment and Promotion Rules 12.7.2010, essential qualification for the post of Assistant Librarian came to be changed, but since it stands established on record that the petitioners herein alongwith other similarly situate persons were appointed as Assistant Librarians on contract basis on the basis of advertisement issued by Himachal Pradesh Subordinate Staff Selection Board on 10.10.2002, and second advertisement dated 17.10.2009, was initiated by Himachal Pradesh Subordinate Staff Selection Board Hamirpur under old rules, notified on 24.5.2000, prescribing therein qualifications as ::: Downloaded on - 17/10/2022 20:01:12 :::CIS 32 possessed by the petitioners, regularization of the petitioner after promulgation of new Recruitment and Promotion Rules, would not disentitle them from claiming benefit of UGC pay scales, which was being paid to their counterparts appointed as Assistant Librarians in the year .
2008 or prior to that.
21. In the present case, entire selection process was never held in abeyance rather, completed as per same process. Some of the petitioners were appointed on 19.10.2009 on batch wise basis on contract basis before promulgation of new rules on 12.7.2010, Otherwise also, petitioners were appointed after promulgation new rules. It is clear that Government never intended to cancel the earlier recruitment process on the ground that new rules are to be framed and in that event, the recruitment process earlier initiated would have been abandoned. Interestingly, in the case at hand, even regularization policy (Annexure P-
13) provided that the regularization would be as per eligibility provided in the recruitment and promotion rules at the time of initial appointment. Vide Notification dated 31.8.2020 (Annexure RJ2), following was notified:
"The Governor, Himachal Pradesh is pleased to order to convert the 771 vacant posts of Assistant Librarians into the cadre of Junior Office Assistant (Library) as per Annexure-A&B and remaining 252 filled up posts of Assistant Librarians be declared as dying cadre as per Annexure-C & D, which will stand abolished as and when fall vacant."
22. After promulgation of new Recruitment and Promotion Rules vide Notification dated 12.7.2010, no recruitment has been made to the post of Assistant Librarians and cadre has been declared as dying cadre. As of today there are no Assistant Librarians recruited as per new rule, ::: Downloaded on - 17/10/2022 20:01:12 :::CIS 33 17.9.2009, Annexure P-2, rather, all the incumbents in cadre of Assistant Librarians stand recruited under old rules notified on 24.5.2000, meaning thereby that the petitioners and other Assistant Librarians whether appointed on regular basis before or after promulgation of Recruitment .
and Promotion Rules, 12.7.2010 are entitled to be treated at par with their counterparts i.e. Assistant Librarians appointed before 12.7.2010.
23. In this regard reliance is placed upon judgment rendered by Hon'ble Apex Court in P. Mehendran & others v. State of Karnataka, (1990) 1 SCC 411, wherein Hon'ble Apex Court held that when Rules regarding qualification for appointment are amended during continuation of process of selection and process is subsequently completed under the old Rules, the same cannot be governed by the new Rules in the absence of provision enforcing the amended rules with retrospective effect and the Rules which are prospective in nature cannot take away or impair the rights of candidates selected under the old rules. The Hon'ble Apex Court held as under:
"5. It is well-settled rule of construction that every statute or statutory Rule is prospective unless it is expressly or by necessary implication made to have retrospective effect. Unless there are words in the statute or in the Rules showing the intention to affect existing rights the Rule must be held to be prospective. If a Rule is expressed in language which is fairly capable of either interpretation it ought to be construed as prospective only. In the absence of any express provision or necessary intendment the rule cannot be given retrospective effect except in matter of procedure. The amending Rule of 1987 does not contain any express provision giving the amendment retrospective effect nor there is anything therein showing the necessary intend- ment for enforcing the Rule with retrospective effect. Since the amending Rule was not retrospective, it could not adversely affect the right of those candidates who were qualified for selection and appointment on the date they applied for the ::: Downloaded on - 17/10/2022 20:01:12 :::CIS 34 post, moreover as the process of selection had already commenced when the amending Rules came into force. The amended Rule could not affect the existing rights of those candidates who were being considered for selection as they possessed the requisite qualifications prescribed by the Rules before its amendment moreover construction of amending Rules should be made in a reasonable manner to avoid unnecessary .
hardship to those who have no control over the subject matter."
24. It is clearly apparent from the record that the petitioners belong to common cadre of Assistant Librarians, as such, stand of the respondents that since the petitioners were regularized after promulgation of new rules, they are governed by said rules, is factually incorrect and legally unsustainable. Cut off date of new Recruitment and Promotion Rules i.e. 17.2.2009, cannot provide justification to the respondents to treat them differently from the Assistant Librarians of same cadre appointed before promulgation of new Recruitment and Promotion Rules.
25. It is not in dispute that the petitioners are holding same post in same cadre as has been held by their counterparts, who were appointed to the post of Assistant Librarians on regular basis before 12.7.2010. Since, both the categories are discharging identical duties and are transferable against any incumbent irrespective of date of appointment and are also included in same seniority, action of the respondent State to deny UGC pay scales to the category of the petitioners on the ground that their services were regularized after promulgation new Recruitment and Promotion Rules, if permitted to sustain would amount to discrimination vis-à-vis their counterparts. Even on the principle of equal pay for equal work, p.s. are entitled to equal pay at par with their counterparts who were regularized or appointed before 12.7.2010.
::: Downloaded on - 17/10/2022 20:01:12 :::CIS 35
26. Division Bench of this court while dealing with the case of Assistant Librarians of the same department has already held on 23.12.2015 in State v. V.D. Saraswati LPA No. 146 of 2009 that members of same cadre cannot be given different pay scales.
.
"The question is- whether in the given circumstances, the State can now question the judgments made by the learned Single Judge by the medium of Letters Patent Appeal at hand? The answer is in the negative for the simple reason that, admittedly, the principle has been discussed and the findings stand returned by the State Administrative Tribunal, the writ Court and the Appellate Court that all the Assistant Librarians, constituted one homogeneous class, which findings stand upheld by the Apex court. Virtually, the State, by the medium of instant appeals have questioned the foundation of reasoning on the basis of which the earlier judgment referred to above were made which is not possible?
27. This court in Uttem Singh v. State of H.P., CWP No. 1640 of 2017, decided on 17.9.2019 has traced the entire history of the dispute relating to the pay scale of the Assistant Librarians and has held as under:
"17. Since question stands duly settled that there is only one cadre of Assistant Librarians in Schools/Colleges/Public Libraries and Community Centre Libraries and there cannot be any discrimination in higher pay scale of Rs. 300-600..."
28. This court in Sanjeev Kumar Mahajan and others v. State of H.P. and another, CWP(T) No. 4063 of 2008, has held as under:
"The respondents have divided the homogeneous class of Auditors without there being any rationale. There is no intelligible differentia so as to distinguish the Auditors, who have put in 5 years of service or were appointed on or before 23.7.1990 and appointed after 23.7.1990. There is also no nexus sought to be achieved by depriving the petitioners of their legitimate right to get the pay scale ::: Downloaded on - 17/10/2022 20:01:12 :::CIS 36 of Rs. 1800-3200/-at par with the colleagues who were working in the same department and also in the local Audit Department and Department of Food and Civil Supplies. In case they had been working with the Local Audit Department, they would have got the pay scale of Rs.1800-3200/- irrespective of their date of appointment. The respondents cannot treat equals as unequals."
.
29. In yet another case titled Balbir Singh Thakur and another v. State of H.P. and another, CWP(T) No. 6007 of 2008, decided on 6.8.2010, this court has held that there cannot be two pay scales for the same cadre of Block Development Officers on the basis of cut-off date.
30. In Kulbir Singh Rana and another v. State of H.P. and another, CWP No. 3660 of 2012 decided on 20.9.2012, this court held in para-6 that while following the law laid down in the case of Sanjeev Kumar Mahajan supra, it has been already held in Balbir Singh's case that there cannot be two pay scales for the same cadre of Block Development Officers on the basis of cut-off date. Thereafter in para Nos. 16 and 17, this court held that petitioners being similarly situate and discharging similar duties and working in the same cadre could not be given different treatment. This judgment was affirmed by Division Bench of this Court vide judgment dated 2.7.2013 in LPA No. 148 of 2013, titled State of H.P. and another v. Kulbir Singh Rana and others, wherein, this court held as under:
"2. The learned single Judge, besides applying the judgment of this Hon'ble Court in the case of similarly placed persons have also recorded as of fact that the petitioners are admittedly similarly situate and discharging similar duties, but have been placed in different pay scales merely on the basis of their date of appointment. In other words, the respondents ought to succeed ::: Downloaded on - 17/10/2022 20:01:12 :::CIS 37 even on the principle of equal pay for equal work. No tangible explanation has been offered as to how the date of appointment would become relevant for fixing different pay scale to employee discharging the same work in the same department. Hence, the appeal is dismissed."
.
31. In view of detailed discussion made herein above, as well as law taken into consideration, it is quite apparent that the petitioners belong to one homogenous class of Assistant Librarians discharging same duties as are being discharged by other incumbents appointed on the basis of same Recruitment and Promotion Rules but yet they are being subjected to hostile discrimination on account of their having been regularized after promulgation of new rules. Impugned rejection of their claim is liable to be set aside and respondents are liable to be directed to treat the petitioners at par with their counterparts /Assistant Librarians in LPA No. 146 of 2009.
32. Consequently in view of above, the present petitions are allowed. Impugned rejection of the claim of the petitioners is set aside and respondents are directed to treat the petitioners herein at par with the persons /Assistant Librarians in LPA No. 146 of 2009 and grant them the same pay scale/UGC pay scales and allowances, alongwith all consequential benefits from due date.
(Sandeep Sharma) Judge October 13, 2022 (Vikrant) ::: Downloaded on - 17/10/2022 20:01:12 :::CIS