M R SANNARAMEGOWDA Vs. UNIVERSITY OF MYSORE

JUDGEMENT

(1.) The Question of Law involved in all these Petitions are common. As such all the Petitions are clubbed together and a common Order is passed.

(2.) A few facts which are necessary to dispose of these Petitions are as follows: The petitioners in all these Petitions either were or are working as Assistant Librarians, Deputy Librarians or Librarians in the University of Mysore, Mysore, (hereinafter referred to as the University). The University apart from other subjects is also imparting education in Library Science under the auspices of .Department of Library Science which has got Professors, Readers and Lecturers. The University has also got a Library Section and its staff consists of Library Assistants, Assistant Librarians, Deputy Librarians and Librarian. The Librarian is the Head of the Section. Petitioners are all officers of Library Section. As on the date of filing the petitions the petitioners in W.P.Nos. 12349 of 1984 and 6968 of 1988 were working as Deputy Librarians, the petitioners in W.P.Nos. 20790 of 1990 and 5746 of 1992 were working as Assistant Librarians and the petitioner in W.P.No.18435 of 1992 was working as Library Assistant. The petitioner in W.P.No.5746 of 1992 was appointed as Assistant Librarian and now he is working as such. His qualifications are Master's Degree in Political Science and Bachelor's Degree in Library Science. The petitioner in W.P.No.18435 of 1992 was appointed as Library Assistant on 13.2.1973. His qualification is S.S.L.C. The petitioner in W.P.No.20790 of 1990 was appointed as Assistant Librarian on 1.8.1966. He is a holder of Master's Degree in Arts and Bachelor's Degree in Library Science. The petitioner in W.P.No.6968 of 1988 was appointed as Assistant Librarian Grade I on 1.12.1966. His qualifications are Master's Degree in Sociology and Master's Degree in Library Science. The petitioner in W.P.No.12349 of 1984 was appointed to act as Librarian on 6.8.1960. His qualifications are Master's Degree in Arts and Master's Degree in Library Science.

(3.) In the year 1975 the University Syndicate fixed the age of superannuation of the Library Assistants, Assistant Librarians, Deputy Librarians and the Librarian on par with the teachers of the University, i.e., at the age of 60 years. The service conditions of the staff members of the University are governed by the Statute called "The Mysore University Employees Conditions of Service Statutes 1984" (hereinafter referred to as the Statutes) which came to be promulgated by the University under the Karnataka State Universities Act, 1976 (hereinafter referred to as the Act). Under Section 23 of the Act, the Senate has got power to make, amend or repeal statutes governing the conditions of the University employees. The Statute came into force with effect from 28.3.1988. The important Sections under the Act which deal with Teachers' are: Section 2(7) of the Act defines who is a teacher and it reads as follows: