2025:UHC:10854 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 2134/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Reituparna Joshi, Advocate, for the petitioner. Mr. N.S. Pundir, Deputy AG, for the State. (2) Petitioner was appointed as Junior Clerk in a government aided intermediate college, namely, BSM Inter College, Roorkee, District Haridwar w.e.f. 1.11.1970. He retired as Clerk in the year 2005. Petitioner filed Writ Petition No. 2271(S/S) of 2001, claiming salary admissible for the post of Librarian with the contention that he was assigned duties as Librarian. The said writ petition was disposed of with a direction to competent authority to take decision on petitioner’s representation. Representation made by the petitioner was rejected vide order dated 28.2.2006, which was challenged by the petitioner in Writ Petition No. 874 (S/S) of 2006. The said writ petition was allowed and direction was issued to pay salary and allowances admissible for the post of Librarian to the petitioner. Assailing the judgment rendered by a learned Single Judge in Writ Petition No. 874 (S/S) of 2006, State of Uttarakhand filed Special Appeal No. 69 of 2009, which was dismissed. However, vide order dated 5.7.2013, passed by a Division Bench of this Court in a review petition, judgment rendered by a learned Single Judge in Writ Petition No. 874 (S/S) of 2006 was set aside; however, petitioner was given liberty to make representation. Petitioner made representation on 23.12.2016, which was rejected vide order dated 9.11.2017, impugned in this writ petition. (3) The reason assigned for rejecting petitioner’s representation is that post of Librarian was not sanctioned in 2025:UHC:10854 government/government aided intermediate colleges in State of U.P. and Uttarakhand and such post is available only in Degree/Post Graduate Colleges. (4) Learned State Counsel submits that the petitioner was holding the post of Clerk and he was simply asked to look after the work of Librarian, even though the post of Librarian was not sanctioned in the college. He further submits that Intermediate Colleges are having a very small library and State Government in its wisdom has decided not to create post of Librarian in such colleges. He submits that petitioner could have claimed salary admissible for the post of Librarian, only if the post is sanctioned and if the post is not sanctioned, then his claim for the salary admissible for the post of Librarian is not tenable. (5) This Court finds substance in the submission made by learned State Counsel. Salary admissible for the post of Librarian can be claimed by the petitioner only if such post is sanctioned in the concerned college. Simply because petitioner was asked to look after the library by the Manager of the College will not entitle him to claim salary admissible for the post of Librarian. Thus the relief as claimed cannot be granted. Even otherwise also, impugned rejection order was passed in the year 2017 and the same cannot be challenged after more than eight years. (6) In such view of the matter, writ petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 8.12.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C 91957BE53, cn=PRABODH KUMAR Date: 2025.12.08 17:16:47 +05'30' 2025:UHC:10854