SAHIB RAM versus THE STATE OF HARAYANA AND ORS.

Citation: [1994] SUPP. 3 S.C.R. 674 · Decided: 19-09-1994 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
SAHIB RAM 
v. 
THE STATE OF HARAYANA AND ORS. 
SEPTEMBER 19, 1994 
B 
(K. RAMASWAMY AND N. VENKATACHALA, JJ.) 
Service Law: 
Government College-Librarian-UGC recommendation-Revision of 
"" 
c pay scales subject to possessing minimum educational qualifications of first 
or second class-Relaxation in qualifications-Held Permissible only in ob-
taining first or second class in the prescribed educational qualifications but 
not in the education qualifications itself-Principle of Equal Pay for Equal 
work-Applicability of. 
D 
The appellant was appointed on July 29, 1972 as a Librarian in a 
Government College in the pay-scale of Rs. 220-550. Pursuant to the 
recommendations of the University Grants Commission, the Government 
of India upgraded the pay scales of Librarians with effect from 1.1.1973 
.. 
to Rs. 700-1600 subject to the condition that they possesse the minimum 
E educational qualification of first or second class M.A., M.Sc., M.Com. plus 
a first or second class B. Lib. Sc. or a diploma in Library Science. Later, 
it was decided that the Librarians who were appointed in Colleges on or 
before 3.12.1972 may be sanctioned the upgraded scale in relaxation of the 
qualification prescribed without insisting on first or second class in the 
F 
degree, diploma or other prescribed educational qualification. The appel· 
lant was allowed the revised pay-scale by the principle of his college but 
later the Government issued direction to the principal to withdraw the 
upgraded scale allowed to him. The appellant unsuccessfully challenged 
the direction before the High Court. 
·r-
G 
In appeal to this Court, it was contended that since the appellant 
was granted upgraded scale in relaxation of the educational qualifications, 
the High Court erred in dismissing the petition. 
:" 
Allowing the petition in part, this Court 
H 
HELD : The relaxation given was only as regards obtaining first 
•\ 
674 
SAIIlB RAM v. STAIB OFHARYANA 
675 
class or second class in the prescribed educational qualification but not A 
relaxation in the educational qualification itself. Since the appellant does 
not possess the required educational qualifications, he would not be en-
titled to the relaxation. The Principal erred in granting him the relaxation. 
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 B 
construction made by the Principal for which the appellant cannot be held 
to be at fault. Therefore, the amount paid till date may not be recovered 
from him. The principle of equal pay for equal work would not apply to 
the scales prescribed by the University Grants Commission. 
[676-F to H, 677-A] c 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6868 of 
1994. 
From the Judgment and Order dated 9.9.93 of the Punjab & Haryana 
Court in W.P. No. 10988 of 1993. 
Prem Malhotra for the Appellant. 
Ms. Indu Malhotra for the Respondents. 
The following Order of the Court was delivered : 
Leave granted. 
D 
E 
The appellant was appointed in July Z9, 1972 as a Librarian in 
Government College in the pay-scale of, Rs.220-550 .. The Haryana Govern-
ment accepting the recommendations of Government of India and tl:e F 
University Grants Commission upgraded the pay-scale of Librarian with 
effect from 1st January, 1973 to Rs. 700-1600, if they possesse 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 M.Lib. being a preferential qualification. Thereafter taking into 
consideration, representations made by several Librarians appointed prior G 
to 31st December , 1972 and of the recommendations of the University 
Grants Commission, the Government of India in their proceedings of 
January 16, 1987 relaxed the and requirement of securing first or second 
class in M.A., M.Sc., M.Com. and other prescribed educational qualifica-
tions, by an order which was in the following terms : 
H 
A 
B 
676 
SUPREME COURT REPORTS (1994) SUPP. 3 S.C.R. 
"lt' has now been decided, on the recommendation of the U GC, 
that the existing incumbents of the posts 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-1 referred to above 
without insisting on a first or second class in the degree, diploma 
or other
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