P ALANGARABABU Vs. MANONMANIAM SUNDARANAR UNIVERSITY

JUDGEMENT

(1.) THE petitioner was appointed as Library Technical Assistant at Madurai Kamaraj University (M.K.University), Madurai on 01.04.1976 and promoted to the post of Assistant Librarian on 01.04.1983 and he became Senior Scale Assistant Librarian in that university on 01.04.1991. After the formation of(Manonmaniam Sundarnar University), he was transferred to the said University and the 2nd respondent issued a letter to him, dated 13.02.2009, informing that his post of Assistant Librarian is treated as Academic(Non-Vocation) and as such the retirement age was declared as 60 years and the 2nd respondent also communicated, by order, dated 07.07.2009 informing that the petitioner would be relieved from service of the University on the afternoon of 31.08.2009. This order is challenged in the writ petition stating that the post of Assistant Librarian is a teaching post and therefore, he must be allowed to work till the end of the academic year, dated 31.05.2010 and therefore, the petitioner cannot be asked to leave his office on completion of 60 years.

(2.) ACCORDING to the petitioner, Madurai Kamaraj University, (M.K.University) is allowing the Librarian, Deputy Librarian and Assistant Librarian to retire at the end of the academic year, even though the date of retirement falls on any date during the academic year and a circular was issued by the Madurai Kamaraj University, (M.K. University), dated 08.02.2009, stating that the Teachers, Librarians and Assistant Librarians are permitted to retire at the end of the academic year and therefore, the communication of the 2nd respondent, dated 07.07.2009 is ultra-virus and is also against the University Grants Commission Regulation Act, and he must be permitted to serve till the end of the academic year.

(3.) TO appreciate the same, we will have to see the various provisions of the said Act. Every University is established under an Act and Manonmaniam Sundaranar University (M.S.University) is also established under Act 3 of 1990 and the teaching and non- teaching staffs are governed by the provisions of the said Act and the statutes framed thereunder. Section 2(n) defines 'teachers' means such Lecturers, Readers, Assistant Professors, Professors and other persons giving instruction in University colleges or laboratories, in affiliated or approval colleges, or in hostels, and Librarians as may be declared by the statutes to be teachers' .