USHA Vs. M G CUNIVERSITY

JUDGEMENT

(1.) THE prayer in this Writ Petition is to quash Exts. P22 and P23. Petitioner also seeks a declaration that she is entitled to get benefits similar to what is extended by Exts. P12, P14 and P15 and academic status and scale of pay of Reader and other service benefits under the UGC Scheme and to continue in service upto the age of 60 years.

(2.) EXT. P2 dated 1/3/88 is an order issued by the 1 st respondent University, conveying that the Vice Chancellor had issued orders establishing a Department of Printing and Publishing under the University. Subsequently by Ext. P3 order dated 18/3/88, sanction has been accorded by the Vice Chancellor for starting a Post Graduate Diploma Course in the Department of printing and Publishing with effect from 1988-89. Both Exts. P2 and P3 have been issued by the Vice Chancellor exercising the powers of the Senate and Syndicate conferred under S. 5 of the Mahatma Gandhi University (Dissolution of the Senate and Syndicate)Ordinance, 1987.

(3.) SUBSEQUENT to Exts. P1 and P2, the post of Director of Publications was notified by the University and petitioner was one of the applicants. The candidates were subjected to a selection process before a statutory Selection Committee constituted as per the University statutes. Petitioner was the successful candidate in the selection process and was appointed by Ext. P1 order dated 28/9/88, as Director of Publications in the scale of pay as applicable to the Reader of the University and she continued in service. While so, she was informed that on attaining the age of 55 years, she will have to retire from service on 30/11/2003. This was on the basis that the petitioner was a non teaching staff of the University.