Case Note & Summary
The judgment concerns three writ petitions filed by University Librarians challenging the State Government's order dated 28/09/2015 which fixed the age of superannuation for non-teaching staff at 60 years. The petitioners sought to continue in service until the age of 62 years, claiming parity with teaching faculty. The Court examined the nature of the petitioners' employment and the binding effect of the Government order. It held that Librarians are non-teaching staff and are not entitled to the same retirement age as teaching faculty. The Court dismissed the petitions, upholding the Government order.
Headnote
A) Service Law - Age of Superannuation - Non-Teaching Staff - University Librarians - The petitioners, working as Librarians in various universities, challenged the State Government's order dated 28/09/2015 fixing the age of superannuation at 60 years for non-teaching staff, seeking parity with teaching faculty who retire at 62 years. The Court held that Librarians are non-teaching staff and are bound by the Government order, and that there is no right to claim parity with teaching faculty as they belong to a different class. (Paras 1-10) B) Service Law - Government Order - Binding Nature - Universities - The Court held that the State Government's order fixing the age of superannuation for non-teaching staff is binding on all universities in the State, and the universities cannot deviate from it. The petitioners' claim for retirement at 62 years was rejected. (Paras 11-15)
Issue of Consideration
Whether University Librarians, who are non-teaching staff, are entitled to continue in service until the age of 62 years on par with teaching faculty, or whether they are bound by the State Government's order fixing the age of superannuation at 60 years for non-teaching staff.
Final Decision
Writ petitions dismissed. The Court upheld the State Government's order dated 28/09/2015 fixing the age of superannuation at 60 years for non-teaching staff, including University Librarians. No order as to costs.
Law Points
- Age of superannuation
- Non-teaching staff
- University Librarians
- Parity with teaching faculty
- Government order binding on universities
- Article 226 of Constitution of India
