Librarian working in a private aided college is a teacher.

In this writ petition, the petitioner has prayed to issue appropriate writs, Orders or Directions and in particular issue a writ in the nature of Certiorapified Mandamus after calling for the concerned records from the third respondent pertaining to their proceedings in reference No.D.1831/C/88 and quash the order dated 6. 1988 and consequently direct the respondents to continue the services of the petitioner till 35. 1989.

.2. The brief facts necessary for the disposal of the above writ petition are as follows: The petitioner who was working in the third respondent college as “Librarian” has reached the age of superannuation on 6. 1988. The post of “Librarian” is categorised as “Teacher” under Sec.2(10) of the Tamil Nadu Private College (Regulation) Act, 1976 (hereinafter referred to as the Act). Under Sec.17 of the said Act, the Government is empowered to prescribe the service condition of the teachers employed in private colleges and that includes fixation of age of retirement. The third respondent college is a “private college” within the meaning of Sec.2(8) of the Act. The. service conditions of the teachers working in private colleges in the State of Tamil Nadu are governed by the above Act and the Rules framed thereunder.

3. The Government of Tamil Nadu by their order in G.O.Ms.No.281, Education Department, dated 12. 1981 have prescribed the age of retirement for teachers working in private colleges as 58 years. By the very same order, they have also made it clear that in the event of the retirement age falling in the middle of the academic year the services of such teachers should be continued till the end of the academic year. Under the said order no discretion is vested with any authority to modify the terms as provided. Further, in order to avoid any ambiguity the Act itself defines the term ‘academic year’ under Sec.2(l) of the Act. By the said definition the “academic year” means the year commencing on the first day of June.

4. In view of the fact that the age of superannuation falls on 6. 1988, the petitioner is entitled to continue in the post of librarian in the third respondent college till 35. 1989 as per the orders of the Government. On 24. 1988 the petitioner made a representation with the second respondent asking for his orders to continue in service till 35. 1989. The said letter was communicated with the recommendation by the third respondent vide their letter dated 24. 1988. In the said letter, it was stated that the petitioner is entitled to continue in service and necessary orders were sought for from the second respondent. The second respondent without even passing any order returned the request made by the third respondent with an endorsement dated 24. 1988, stating that no such permission can be given. In accordance with the communication received from the second respondent, the third respondent by an order dated 6. 1988 has informed the petitioner that he will retire from service with effect from 30.6.1988.

.5. As against the said order of the third respondent, the present writ petition has been filed.

6. On behalf of the respondent, the Director of Collegiate Education has filed a counter affidavit denying all the allegations made in the affidavit filed by the petitioner except those which are specifically admitted by him. He has stated that “Librarians” in the Government colleges are now considered as non-teaching staff. Government in their letter No.106727/ Z2/82-2, dated 23. 1988 have stated that the question of considering the “librarians” in aided colleges as teaching staff is a general issue and could be decided based on the final orders to be issued in respect of librarians in Government colleges., which is separately under consideration.

7. According to the G.O.Ms.No.281, Education dated 12. 1981, the age of retirement of aided college teachers shall be 58 years for the purpose of assessment of grant. No teacher shall be permitted to continue beyond 58 years for the purpos