S S JANARDHAN RAO Vs. ANDHRA UNIVERSITY

JUDGEMENT

(1.) The issue that arises for consideration is as to the superannuation age of the Librarian working in Andhra University.

(2.) The petitioner filed writ petition seeking writ of mandamus declaring that the age of superannuation of Librarian as 60 years. The petitioner submits that he was appointed as Librarian in the University in the year 1995 in the scale of 4500-7300 (equivalent to the scale of Professor). It is the case of the petitioner that the Government of India, Ministry of Human Resources Development by letter dated 22-7-1988 directed that the revised pay scales of Librarians and Physical Educational Personnel should be the same as approved for Teacher. The revised pay scales were sanctioned to those who are having prescribed qualification. A direction was also issued by the Government on 31-3-1988 to make necessary amendments to the statutes, Ordinances etc., incorporating the scheme. The scheme provided the age of superannuation of 60 years. In pursuance of the said direction, the Central Institute of English implemented the same and declared the age of superannuation as 60 years in respect of the Librarians. The other Universities also fixed the age of superannuation of Librarians at 60 years. It is the case of the petitioner that the Librarians working in Jawaharlal Nehru Technological University, Telugu University, Sri Venkateshwara University, Osmania University, the age of superannuation is 60 years. He also submits that the Sri Venkateshwara University and Osmania University are governed by the common enactment namely A.P. Universities Act, 1991. When the said Universities have fixed 60 years as age of superannuation, not implementing the same by the Andhra University is illegal and violative of Article 14 of the Constitution of India. It is also stated that the Government also issued G.O. on 26-7-1991 redesignating Physical Directors and Librarians in Degree Colleges as Lecturers in Physical Education and Lecturer in Library Science. Even the Lecturer working in the Junior College is also getting the same benefit of 60 years. It is his case that he has also been teaching the students of Bachelor of Library Science at A.P. Open University and he is also an Examiner. He has been discharging the academic work by giving Lecturers in the Osmania University. He was also nominated as Member of the Selection Committee for teaching posts. In effect he submits that the post of Librarian is a teaching post and therefore he must be given the benefit of superannuation age of 60 years. Even one Mr. P. Ramachandra Rao, who was sought to be retired on attaining the age of 60 years, filed a writ petition and continued till he attained the age of 60 years. The University however issued proceedings dated 25-1-1996 intimating that the petitioner shall retire on 31-10-1996 on attaining the age of 58 years. The said order is assailed before this Court.

(3.) In the counter it is stated that the writ petition is not maintainable on the ground of laches. It is also stated that the petitioner having been appointed by a specific appointment order which clearly contain a clause that he shall be treated as Member of non-Teaching staff, it would not be open for him to resile from the condition. Therefore, it is stated that he is bound by the terms of the appointment and he cannot claim a declaration that his age of superannuation is 60 years. It is also stated that the petitioner cannot be equated with the post of Professor or a teaching post even though he is holding the scale of Professor. He was not entrusted with any teaching work. The University has its own rules and regulations. Each University has its own rules and regulations and even though the other Universities fixed the age of superannuation of Librarians as 60 years, it is not incumbent on the part of the Andhra University to fix the said age. It is also stated that the Librarian will not come within the definition of Teacher under Sections 2(22} and 2(23) of the A.P. Universities Act. It is also stated that in pursuance of the directions of the Government, the age of superannuation was fixed at 58 years.