JUDGEMENTS RELATED WITH LIBRARIANS

Andhra High Court
S.S. Janardhan Rao vs Andhra University And Anr. on 26 October, 1998
Equivalent citations: 1998 (6) ALD 480
Bench: G Bikshapathy
JUDGMENT
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.
4. While admitting the writ petition, interim direction was granted to continue the petitioner. But, however the
same was vacated on 4-7-1997 with an observation that if ultimately the petitioner succeeds in the writ
S.S. Janardhan Rao vs Andhra University And Anr. on 26 October, 1998
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