The petitioner was appointed as Library Technical Assistant at Madurai Kamaraj University (M.K.University), Madurai on 01.04.1976 and promoted to the post of Assistant Librarian on 01.04.1983 and he became Senior Scale Assistant Librarian in that university on 01.04.1991. After the formation of Manonmaniam Sundaranar University, (Manonmaniam Sundarnar University), he was transferred to the said University and the 2nd respondent issued a letter to him, dated 13.02.2009, informing that his post of Assistant Librarian is treated as Academic(Non-Vocation) and as such the retirement age was declared as 60 years and the 2nd respondent also communicated, by order, dated 07.07.2009 informing that the petitioner would be relieved from service of the University on the afternoon of 31.08.2009. This order is challenged in the writ petition stating that the post of Assistant Librarian is a teaching post and therefore, he must allowed to work till the end of the academic year, dated 31.05.2010 and therefore, the petitioner cannot be asked to leave his office on completion of 60 years.
2.According to the petitioner, Madurai Kamaraj University, (M.K.University) is allowing the Librarian, Deputy Librarian and Assistant Librarian to retire at the end of the academic year, even though the date of retirement falls on any date during the academic year and a circular was issued by the Madurai Kamaraj University, (M.K. University), dated 08.02.2009, stating that the Teachers, Librarians and Assistant Librarians are permitted to retire at the end of the academic year and therefore, the communication of the 2nd respondent, dated 07.07.2009 is ultra-virus and is also against the University Grants Commission Regulation Act, and he must be permitted to serve till the end of the academic year.
3.The learned counsel appearing for the petitioner submitted that the Universities treated the Librarian and Assistant Librarian equivalent to teaching staff and therefore, when the teaching staffs are permitted to work till the end of the academic year, the Librarian and Assistant Librarian should also be allowed to work till the end of the academic year. The learned counsel appearing for the petitioner relying upon the judgment reported in 1997 (II) CTC 87 in the case of Syed Amin Khalandarm vs. Director of Collegiate Education and 2 others, 2002(2) CTC 754, in the case of T.Padmanaban vs. The Tamil University Thanjavur rep. by its Registrar and submitted that in the above two judgments, this court has held that the Librarian should be treated as 'Academician' and therefore, the petitioner must also be treated as academic staff and he should also be permitted to serve till the end of the academic year.
4.In this writ petition, we will have to see whether the petitioner is a teaching or non- teaching staff as per the provisions of the Manonmaniam Sundaranar University Act.
5.To appreciate the same, we will have to see the various provisions of the said Act. Every University is established under an Act and Manonmaniam Sundaranar University (M.S.University) is also established under Act 3 of 1990 and the teaching and non- teaching staffs are governed by the provisions of the said Act and the statutes framed thereunder. Section 2(n) defines 'teachers' means such Lecturers, Readers, Assistant Professors, Professors and other persons giving instruction in University colleges or laboratories, in affiliated or approval colleges, or in hostels, and Librarians as may be declared by the statutes to be teachers' .
6.As per Sec.43 of the said Act, the appointment procedure for selection, pay and allowances and other conditions of service of officers, teachers and other persons employed in the University shall be such as may be prescribed.
7.Section 44 speaks about the Selection Committees for making recommendations to the Syndicate for appointment to the post of Professors, Assistants Professors, Reader, Lecturer and Librarian of Institutions maintained by the University. The University is also governed by the statutes and in the statutes 'teacher' is not defined. Therefore, we will have to go by the definition of teacher as defined underSec. 2(n).
8.As per definition under section 2(n) of the Act, in addition to Lecturers, Readers etc., Librarians as may be declared by the statutes to be the teachers are included. Therefore, we will have to see whether Librarians are declared by the statutes as teachers.
9.As stated supra, the statute does not define, Teacher or Librarian. Section 43 of the Act deals with the appointment and other conditions of service of teachers and other persons employed in the University and Chapter 17 of Statute deals with service condition of the establishment in accordance with Sec.42 and 43 of the Act.
10.Statute IV of Chapter XVII, deals with the recruitment and as per the clause 4, the Selection Committee for non-teaching staff has to be done by the Syndicate from the panel recommended by the Selection Committee, constituted for his purpose of the Syndicate and the Selection Committee constituted shall consist of five members viz., Vice-Chancellor, two Syndicate Members, External members (other than Syndicate member) and Registrar.
11.Further, as per clause 4(a) of statute IV of chapter XVII, the age, qualifications and recruitment etc. to the posts of Professors, Readers, Lecturers, Registrars and Controller of Examinations shall be indicated in the Appendix-1 and for all other persons, it is prescribed as in Appendix-II.
12.Appendix I deals with method of recruitments and qualifications prescribed for various teaching and non-teaching posts in the University and as per the Appendix I, the Professors, Readers and Lecturers are included in the category of teaching staff and also Registrar and Controller of Examination as non-teaching staff.
13.Appendix II deals with other staffs and as per Appendix II category 15 is the post of Assistant Librarian . Therefore, it is made clear from various provisions of Manonmaniam Sundaarnar University (M.S.University) and the statutes framed thereunder, the Assistant Librarian has been treated only as a non-teaching staff and therefore, the petitioner cannot claim that he is to be treated as teaching staff and as such, he is entitled to be retained in service till the end of the academic year.
14.As the University classified the Assistant Librarian as non- teaching staff, the impugned order was issued informing the petitioner that on attaining of superannuation at the age of 60, he shall retire and he is not entitled for extension of service till the end of the academic year. Therefore, the contention of the petitioner that he must be allowed to continue in the service of the University till the end of the academic year cannot be acceptable.
15.The learned counsel appearing for the petitioner relied upon the judgment reported in 2002 (2) CTC 754 in the case of T.Padmanaban vs.The Tamil University Thanjavur, rep. by its Registrar and contended that in that case, the Librarian has been declared to be belonging to academic staff and as a matter of fact, in the reported judgment, it has been held that though in Appendix I, the Librarian has been shown as non-academic staff, having regard to the provisions of the Act, which includes Librarian as teaching staff, this court has held that the provisions contained in the Act shall prevail over the Appendix I and the Librarian should be treated as teaching staff and he must be allowed to serve till the end of the academic year. The above judgment relied upon by the learned counsel appearing for the petitioner, cannot be applicable to the facts of this case. In the above reported judgment, this court interpreted the Tamil University Act 1982 and in that Act, provisions were made to treat the Librarian as teaching staff and therefore, in that context, this court has held that the Librarian should also be treated as teaching staff, even though he was named as non-teaching staff in the Appendix .
16.In Tamil University Act 1982, the term 'teacher' is defined under
section 2(f), which means Professors, Readers, Lecturers and other like persons as may be declared by the statutes to be 'teachers' .
Therefore, as per the definition, the statutes of that University can declare any person as teachers and they are to be treated as teachers. On the other hand, as per the definition of teachers under Section 2(n) of the Manonmaniam Sundaranar University Act, Librarian as may be declared as 'teachers' by the statutes. Therefore, according to the Manonmaniam Sundaranar University (M.S.University), in order to become a teacher, Librarian must be declared by the statutes as teacher. I have already held that as per Manonmaniam Sundaranar University statutes, Librarian has not been declared as teachers. But in the case of Tamil University, any person, who has been declared as teacher will come under the definition of teachers.
17.Chapter XII of the Statutes of Tamil University Act deals with teachers of the University and according to that, it includes the Professors, Emeritus Professors, Distinguished Professors, Visiting Professors, Associate Professors(Readers), Assistant Professors (Lecturers) and other like persons as may be declared by the statutes to be teachers attached to the departments of study and research.
18.Chapter XXVI relates to service conditions of the establishment of the Tamil University and Statute XXVI of Chapter 26, includes Librarian for the purpose of Section 34-A deals with the selection committee for making recommendation of the syndicate for the appointment to the post of Professors, Associate Professors (Reader), Assistant Professors,(Lecturer), Researcher and an Librarian of any institution maintained by the statutes and therefore, having regard to provision of 34-A and Chapter 26 clause 5(4), this court has held that Librarian has been treated on par with a teachers and therefore, even though he has been included in the Appendix I as non-academic staff, this provision of statutes of the Act, will prevail and he must be treated as teaching staff. But as stated supra, in the case of Manonmaniam Sundaranar University, (M.S.University) as per the definition and chapter XVII of statutes IV and as per clause 4(a), it has been clearly stated that the method of recruitment for Professors, Readers, Lecturer, Registrar etc. shall be as found in the Appendix- I and the post of Librarian finds a place only in Appendix-II and hence, the decision in the judgment reported in 2002(5) CTC 754, cannot be applicable to the facts of the case.
19.The another judgment relied upon by the learned counsel appearing for the petitioner is 1997(II) CTC 87, in the case of Syed Amin Khalandam vs. Director of Collegiate Education and two others, the Librarian has been included in the category of teacher and therefore, the petitioner must also be given in the Statutes of teachers. In the reported cases, the court was dealing with the provision of Tamil Nadu Private College (Regulation) Act 1976 and as per the provision of the Act, the teacher includes Librarian and therefore, this court has held that Librarian is also entitled to serve till the end of the academic year. Therefore, as per the provisions of the Manonmaniam Sundaranar University (M.S.University) and the statutes, the petitioner is not entitled to continue in service after the retirement till the end of the academic year and therefore, the contention of the petitioner cannot be accepted and the second respondent has issued the impugned order in accordance with the provision of the Act and it cannot be stated to be illegal.
20.Hence, the I do not find any merit in the writ petition and accordingly, the writ petition is dismissed. Consequently, connected Miscellaneous Petition is closed. No costs.
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