Case Note & Summary
The petitioner, Sudhakar Govind Shelar, was appointed as an Assistant Librarian at respondent no.5-Ayurved Mahavidyalaya on 04.01.1992 and later promoted to Librarian. On 03.05.2021, he received a communication from the President of respondent no.2-Trust informing him that he would retire on superannuation on 31.05.2021 upon completing 58 years of age. The petitioner made a representation on 09.03.2022 relying on Government Resolution dated 22.08.2012, which fixes the retirement age for Librarians at 60 years, extendable to 62 years. However, the respondents did not respond. The petitioner then filed a writ petition under Article 226 of the Constitution of India seeking to quash the order of superannuation and to continue his services until the age of 60-62 years. The court considered the definition of 'Teacher' under the Maharashtra Public Universities Act, 2016, which includes Librarian. The court also noted the Government Resolution dated 22.08.2012 and the University Resolution dated 08.04.2011 enhancing the retirement age of teachers to 62 years. The court held that the petitioner, being a Librarian, is a teacher and entitled to retirement at 60 years, extendable to 62 years. The impugned order of superannuation at 58 years was quashed and set aside, and the respondents were directed to allow the petitioner to continue in service until he attains the age of 60 years, with further extension up to 62 years as per rules.
Headnote
A) Service Law - Retirement Age - Librarian as Teacher - The petitioner, a Librarian, was superannuated at age 58 by the respondent trust. The court considered whether a Librarian falls within the definition of 'Teacher' under the Maharashtra Public Universities Act, 2016, which includes Librarian. The court held that the Librarian is a teacher and entitled to retirement at 60 years, extendable to 62 years, as per Government Resolution dated 22.08.2012. The impugned order of superannuation at 58 years was quashed and set aside. (Paras 1-10) B) Service Law - Superannuation - Government Resolution - The court relied on the definition of 'Teacher' under Section 2(67) of the Maharashtra Public Universities Act, 2016, which includes Librarian. The Government Resolution dated 22.08.2012 prescribes retirement age of 60 years for teachers, extendable to 62 years. The court held that the petitioner is entitled to continue in service until attaining the age of 60 years, with further extension up to 62 years as per rules. (Paras 5-10)
Issue of Consideration
Whether a Librarian in an Ayurvedic college is a 'Teacher' entitled to retirement at 60 years (extendable to 62 years) under the Maharashtra Public Universities Act, 2016 and Government Resolution dated 22.08.2012?
Final Decision
The impugned order dated 03.05.2021 passed by respondent no.2 is quashed and set aside. The respondents are directed to allow the petitioner to continue in service until he attains the age of 60 years, with further extension up to 62 years as per rules.
Law Points
- Librarian is a teacher under Maharashtra Public Universities Act
- 2016
- Retirement age of teachers is 60 years extendable to 62 years
- Government Resolution dated 22.08.2012 applies to librarians
- Order of superannuation at 58 years is illegal
