The classification of the petitioner as a Non-Teaching employee is upheld, confirming a retirement age of sixty, as per UGC guidelines and university policy.

JUDGMENT :

ANIL KUMAR SINHA, J.

1. The petitioner has preferred the present writ application for quashing the letter no. 1098 dated 05.11.2024 issued by the respondent no. 4 whereby the petitioner has been informed that the petitioner would superannuate on 28.02.2025 on attaining the age of superannuation of sixty years. Further it has been informed that recovery of excess payment on revision of pay on conversion from “Other Academic Staff” to “Non Teaching” staff is also pending and the petitioner was requested to submit APARs of previous five years for taking necessary action to award financial upgradation under MACP before retirement.

2. The petitioner basically has challenged his age of superannuation in the present writ application on the ground that the post on which the petitioner was working i.e. Regional Director is a teaching post but the respondents authority has treated the post as Non Teaching and made the petitioner to retire at the age of sixty years which is the retirement age of Non Teaching employees whereas retirement age of teaching employees is 65 years.

3. The brief facts giving rise to the present writ application is that Maulana Azad National Urdu University (hereinafter referred to as “MANUU”) is a Central University established under the Act of Parliament in 1998. The University is fully funded by the Government of India through University Grants Commission (for short U.G.C.). It offers education through both regular and distance modes and operates Regional Centres across the country. The Executive Council is the Apex governing body of the University. The U.G.C. considering the nature of work / functions of the Regional Director (RD) and Assistant Regional Director (ARD) has approved the posts of Regional Director and Assistant Regional Director. The University issued employment notification no. 17 / 2006 dated 30.07.2006 for appointment of Regional Director in the pay scale of Rs. 12,000 - 18,3000/- in the category of Academic Administrator (Non - Teaching) as would be evident from Annexure – R/2 of the counter affidavit filed by MANUU as well as Annexure: P / 2 of the writ application.

4. The petitioner applied for the post of Regional Director under the category of Academic Administrator having qualification of Ph.D, NET, JRF in Urdu from JNU, M.A. & M. Phil from JNU with teaching experience.

5. The petitioner was appointed on the post of Regional Director (Academic Administrator), Regional Centre , Mumbai in the pay scale of Rs. 12,000- 18,300/- with two increments protecting his present basic pay plus usual allowance as admissible. The appointment letter further stipulates that he would be governed by rules and regulations of MANUU for Non Teaching employees. The petitioner joined his service at Regional Centre, Mumbai. The petitioner accepted the offer of appointment and submitted a letter dated 08.12.2006 to the Registrar of MANUU that he would report to Regional Centre, Mumbai Office as directed with required documents on 13.12.2006 . The copy of letter is annexure – R/3 to the counter affidavit. The petitioner retired from the post of Regional Director, Regional Centre, Darbhanga as per the impugned letter on 28.02.2025.

6. Learned counsel for the petitioner submits that the University earlier issued notification no. 14 / 2005 dated 06.08.2005 considering the post of Regional Director as teaching post but notification no. 17 / 2006 dated 30.07.2006 under which the petitioner was appointed, the respondents have advertise