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REASONS AND CONCLUSIONS
41. It is not in dispute that some time prior to 1994
the State Government had constituted Shri. V. V.
Chiplunkar Committee for recommending staffing
pattern of non teaching employees for the schools,
high schools and junior colleges based upon the
strength of the students. The staffing pattern
prescribed in the Secondary School Code was
found to be inappropriate and efficiency of the
administration was adversely affected. Shri. V.V.
Chiplunkar Committee submitted its report to the
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State Government. It is not in dispute that pursuant
to the report of Shri. V.V. Chiplunkar Committee,
the State Government issued Government
Resolution dated 28th June 1994. In the said
report, insofar as the post of part time librarian and
full time librarian is concerned, considering the
number of students in each school, post of such
part time librarian and full time librarian were
recommended.
42. In view of the said Government Resolution
dated 28th June 1994, the staffing pattern of non
teaching employees in the school was governed by
the provisions of the Secondary School Code.
Clause 4 of the said Government Resolution dated
28 th June 1994 clearly provided that for filling up
the posts of non teaching staff in the secondary
school, it should be presumed that the existing
norms prescribed in the Secondary School Code
were changed accordingly. The Director of
Education, Maharashtra State, Pune should submit
a draft of necessary amendment to Secondary
School Code to the Government. New norms
prescribed in the Secondary School Code were
accordingly changed. The Education Officer
(Secondary) of each district was directed to
evaluate strength of each school and submit the
report as to in which school the post of full time
librarian would become available and from which
year the post of full time librarian was required to
be approved.
57. In our view, the State Government while
issuing Government Resolution dated 3rd August
2006 could not have been taken away the benefits
granted under the Government Resolution dated
28th June 1994 which were granted pursuant to the
acceptance of Shri V. V. Chiplunkar Committee
Report. The said Government Resolution dated 3rd
August 2006 could not have been issued
inconsistent with the provisions of Secondary
School Code. In our view, by the said Government
Resolution dated 28 th June 1994 there was only
up-gradation of approved part time posts of part
time librarians to the post of full time librarians
and such up-gradation was automatic once the
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strength of students had become 1000 or above.