C K PATTAMASHETTI Vs. BANGALORE UNIVERSITY

JUDGEMENT

(1.) THE appellant who was appointed as a librarian by the respondent-university vide Annexure-B filed a petition praying for issuance of a direction to treat the post of librarian as teacher or professor and extend the benefit of age of superannuation as prescribed for teachers or professors of the university. He prayed in the alternative that respondent 1 be directed to recognise him as teacher having regard to annexures-c to g and give him the benefit of age of superannuation of 60 years as a special case. It was further prayed that respondents be refrained from relieving the petitioner from service till he attained the age of 60 years.

(2.) THE writ petition was dismissed by the learned single judge vide the Order impugned in this appeal after holding that the appellant being librarian could not be treated as a teacher for the purposes of grant of relief as prayed for by him. The learned single judge was persuaded to dismiss the writ petition in view of the judgment of this court in M. R. Sannaramegowda v University of Mysore.

(3.) SECTION 2 (7) of the Karnataka state universities act, 1976 (for short 'the act') defines the 'teacher' to include professors, readers, lecturers and other persons imparting instruction in any affiliated college. 'teacher of the university' has been defined under Section 2 (8) of the ACT to mean persons appointed for the purpose of imparting instruction in the university or in any college maintained by the university. Section 49 of the ACT deals with the appointments of teachers including the librarians and other employees of the university. Section 50 deals with the appointment of non-teaching and ministerial staff.