J.C. Roy, J. - (1.) The dispute involved in this case is whether a Librarian in a Government college under the A & N Administration is to superannuate and retire at the age of 58 as is usual for other Central Govt. employees or whether he is entitled to serve upto the age of 60 years which was extended to the Teachers in the Universities and colleges by the Govt. of India, Ministry of Human Resources Development's circular dt. 22.7.88.
(2.) The applicant in this case joined as a Librarian in a college under the A & N Administration in 1969 at the beginning in an officiating capacity but was confirmed in 1975 as Librarian, Govt. College, Port Blair. He claims that the above -quoted circular which revised the terms and conditions of service of the Staff of University and colleges for maintenance of standards in higher education applies to the Librarians as it does to the Teachers in the matter of age of superannuation. The full text of the circular was made available to us as Annexure -R7 of the respondents' reply. This circular has Appendix I which is Ministry of Human Resources Development's letter No. F1 -21/87 -UI dt. 22.7.88 under cover of which a scheme of revision of pay scales of teachers of Universities and colleges, 1986 and other measures for maintenance of standards in higher education were circulated. In para 24 of the scheme the subject of superannuation and re -employment of Teachers was dealt with. In this it was stated that the age of superannuation of Teachers should be 60 years and thereafter no extension in service should be given. However, the Universities and colleges were given the discretion to re -employ superannuated Teachers upto the age of 65 following the guide lines of the University Grant Commission. The Teachers who were dealt with in this scheme contained in the Appendix were Lecturers, Sr. Scale Lecturers, Selection Grade Lecturers, Readers, Professors, Principals of colleges, Vice -Chancellors and Tutors/Demonstrators. Appendix II to this letter dt. 22.7.88 provided the revised terms and conditions applicable to Librarians, and Physical Education Personnel of Universities and colleges. The original letter on this subject was circulated on June 17, 1987 which was not produced before us by either side. In this Appendix the terms and conditions including scales of pay etc. were enumerated for this group of Universities and college employees but there was no mention about the age of superannuation. The main body of the letter dt. 22.7.88 only deals with some marginal matters relating to terms and conditions of this group of University and college employees.
(3.) To complete the story of the applicant, he was given a notice by an order dt. 23.10.90 (Annexure -A7) by the Principal of his college indicating that he would be placed on pension list w.e.f. 31.12.90 (AN), that was the date when he attained the age of 58 years. Being aggrieved by this order, the applicant filed an original application before this Tribunal which was registered as O.A. 1333/90. At the stage of admission of this application, it was disposed of by a division Bench by directing the respondents that the applicant's representation, which was pending before the Principal, should be disposed of with a reasoned order before the date of his proposed superannuation. Following this the applicant was given a hearing and an order was passed by the Assistant Secretary (Edn.), A & N Administration on 26.12.90 (Annexure -A16) in which it was stated that the age of superannuation of 60 years was applicable to the Teachers only and the applicant, Shri Dutta, being a Librarian and not a Teacher was not eligible for this benefit. Since the applicant's date of birth was 1.1.33 it was declared in the said memorandum that he would retire on attaining age of 58 years on 31.12.90. The prayer of the applicant is to quash this memorandum as also the earlier order appearing as Annexure -A7.;