ACHARYA N G RANGA AGRICULTURAL UNIVERSITY Vs. E D LIVINGSTON S/O E NATHANIEL, AGRICULTURAL COLLEGE, BAPATLA, GUNTUR DISTRICT

JUDGEMENT

(1.) IT is natural that in every University, there would be teaching and non -teaching posts. By and large, the age of superannuation of teachers is fixed at 60 years and for non -teaching staff, it is fixed at 58 years.

(2.) THE sole respondent herein was appointed as an Upper Division Clerk in the appellant -University. Over the period, he acquired the qualifications of B.L.I.Sc. and M.L.I.Sc. The post of Assistant Librarian became vacant and he was appointed against it in the year 1984. In the University Library, there were other incumbents also, who were working as Assistant Librarians.

(3.) THE appellant sought to retire the respondent from service on attaining the age of 58 years. The latter filed W.P.No.22878 of 1998 for a writ of mandamus to declare that the person holding the post of Assistant Librarian is entitled to continue in service till he attains 60 years of age and that the proposal of the University to retire him before that age is contrary to law. The Writ Petition was opposed by the appellant by filing a counter affidavit. It was pleaded that the term teacher is defined in the statutes and the post of Assistant Librarian does not fit into it. It was also urged that the Assistant Librarian in the University is not entrusted with any duties of teaching and there was no basis for the claim of the respondent to be continued upto 60 years. The learned Single Judge allowed the Writ Petition through order dated 06.04.2006. Hence, this Writ Appeal.