M R SANNARAME GOWDA Vs. UNIVERSITY OF MYSORE

JUDGEMENT

(1.) the questions of law involved in all these petitions are common. As such all the petitions are clubbed together and a common order is passed. 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. 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

(2.) the orders of retirement of the petitioners at the age of 58 years are contrary to the Provisions of the act and the statutes and the said action of the university is contrary to Section 49 of the act which envisages the age of retirement at 60 years. Therefore, the Present Action of the respondent to retire the petitioners at 58 years amounts to depriving the petitioners' right to continue in service till they attain the age of 60 years and thus is violative of articles 14 and 16 of the Constitution of india.

(3.) retiring the petitioners at the age of 58 years, when Section 2(9) of the act fixes the age of retirement for teachers and teaching staff at 60 years amounts to clear case of removal of the petitioners from service without due process of law.