HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 16236 OF 2019

O R D E R:

Initially, this Writ Petition is filed to declare the action of Respondent – Nizams Institute of Medical Sciences in not extending the age of superannuation up to 60/62 years on par with librarians working in State and Central Universities/AIIMS and not re-designating to the category of Professor on par with librarian working in State Universities and passing impugned order dated 04.01.2019 rejecting the claim of Petitioner for continuation and re-designation and issuing notices for retirement with effect from 31.12.2019 as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct that Petitioner is entitled to continue up to 60 years with all consequential attendant benefits.

2. Thereafter, the aforesaid prayer was amended vide order dated 16.10.2023 in IA.No.1 of 2023, as "Declaring the action of Respondent in not extending the age of superannuation up to 60/62 years on par with Librarians working in State and Central Universities, proceedings in Rc.No.PL/113/2019/Retirement Dated 27.04.2021 and Librarians working in State Universities and passing impugned orders dated 04.01.2019, rejecting the claim of Petitioner for continuation and re-designating and issuing notices for retirement with effect from 31.12.2019 as illegal, arbitrary and violative of Articles 14, 16 and 21 of Constitution of India and consequently direct that Petitioner is entitled to continue up to

65 years with all consequential attendant benefits".

3. It is the case of Petitioner that he was appointed as a Librarian in Respondent No.1 Institute by following due process of selection on 18.04.1989, and there after his services were regularised and probation was declared; as on the date of filing of Writ Petition, he is still continuing in the post of Librarian without there being any further promotional avenues. Petitioner's pay scale was fixed as per 4th Central Pay Commission which was subsequently revised as per 5th Central Pay Commission and once again, revised by 6^th Central Pay Commission at Rs.9300-Rs.34,800/- + Grade Pay of Rs.4600/- and finally, was revised as per 7^th Central Pay Revision Commission at Rs.27,490/- + GP Rs.5400/. It is the further case of Petitioner that pay scales provided in AIIMS on par with Central Pay Scales in respect of Grade - I Librarian was extended to him and that age of superannuation in AIIMS in respect of Grade -Librarian is 60 years. Petitioner claims that he should be treated as a Teacher within the meaning as interpreted by the Hon'ble Apex Court in P.S.Ram Mohan Rao v. Agricultural University1. It is the further contention of Petitioner that Government of A.P. in G.O.Ms.No.35 dated 16.06.2003 had adopted uniform re-designations to Librarians, Deputy Librarians, Assistant Librarians and Documentation Officers working in all Universities and accordingly, Universities are implementing the said G.O. and re-designated Librarians, Deputy Librarians, Assistant Librarians and Documentation Officers as Professors in Library and Information Science, Associate Professor in Library and Information Science and Assistant Professor in Library and Information Science. The aforesaid GO applies to Respondent No.1.

Respondent No.1 is a State University and Government is having administrative control in various matters as per the provisions of NIMS Act, 1989. Thereby, Librarians, Deputy Librarians, Assistant Librarians in State Universities are entitled to continue up to the age of 60 including Librarians working in Degree Colleges and Junior Colleges. As per the duties and responsibilities of the Librarian, it shall invariably be treated as Teacher under Section 2 of the Act. Petitioner based on the above reasoning, requested Respondent No.1 for re-designation as Professor and treat him as a person belonging

1 (1997) 8 SCC 350

to Teaching/Academic Staff and for extending age of superannuation up to 62 years