Y L CHOPRA Vs. RANI DURGAWATI VISHWAVIDYALAYA

JUDGEMENT

(1.) The short question that arises for consideration in this writ petition is whether the petitioner who is a qualified Librarian employed in Rani Durgawati Vishwavidyalaya, Jabalpur is entitled to parity between professional library staff and the teaching staff of the University and he can be treated as a "Teacher" and is entitled to be superannuated on attaining the age of 62 years.

(2.) The petitioner was initially appointed as University Librarian on 16-7-1983. His appointment was made by the then Vice Chancellor under Section 52 of M.P. Vishwavidyalaya Adhiniyam, 1973 (for short "the Adhiniyam") as at the relevant time there was no Executive Council. He is still working on the same post in the Professor's pay scale of Rs. 16440-22400 (UGC). The respondent No. 1 in its Executive Council meeting held on 14-6-1994 decided to open Master Degree in Library & Information Science (M.Lib.I.Sc.) from the session 1994-95. The proposal of the Executive Council of respondent No. 1 was sent to the respondent No. 2 with the Draft Ordinance No. 90 for approval. Draft Ordinance No. 90 was approved by the Co-ordination Committee in its 57th meeting held on 19-3-1998. Respondent No. 1 thereafter wrote a letter dated 30-7-1996 (Annexure P-l) to the respondent No. 2 proposing the scheme of M.Lib.I.Sc. Course wherein in column No. 12 the teachers of subjects described as Librarian and Assistant Librarian and the name of the petitioner in the said Scheme is mentioned as "Teacher". The State Government as well as Co-ordination Committee granted permission to open M.Lib.I.Sc. course. The new course of M.Lib.I.Sc. began in 1998-99 and the petitioner was appointed as Member and Chairman of "Board of Studies in Library & Information Science" under Statute 2(1) of the Adhiniyam by order date 5-12-1998. On 8-3-1999, the petitioner was appointed as Head of the Department of Library Science by the respondent No. 1. On 21-7-2000 the petitioner was further appointed as member of Academic Council and his name was mentioned in the list of Affiliated Colleges and University Teaching Department which includes the Department of Library and Information Science published by the respondent No. 1. The petitioner being HOD of Library Science Department is imparting instructions to the students and for this work of imparting instructions, the petitioner has rendered his services as a Professor. As per UGC pay scale the Librarian is getting same scale which is being granted to a University Professor (Annexure P-23).

(3.) The definition of 'Teacher' is mentioned in Section 2 (xx) of the Adhiniyam, which reads as under:-