9911796707
TMI Blog1997 (7) TMI 599X X X X Extracts X X X X X X X X Extracts X X X X ..... ties refused to raise the age of superannuation of the non-teaching staff to 60 years by implementing the mandate of maintaining uniformity in the conditions of service of all the salaried staff of the University under Section 38 (I) of the Osmania University Act, 1959 (hereinafter referred to as the Act), a number of non-teaching staff of the University moved Andhra Pradesh High Court by filing writ petitions claiming the age of superannuation at 60 years. Such claim was allowed by learned Single Judge and by the impugned judgment the Division Bench of the High Court has also upheld the claim of the writ petitioners that the age of superannuation of the non teaching staff of the University will also be 60 years. The learned Solicitor General, appearing for the Osmania University, has submitted that sub-section (1) of the Act has two distinct parts. The first part provides that unless otherwise provided, every salaried officer of the University shall be appointed under a written contract and the second part of sub-section (1) of Section 38 provides that conditions of service relating to such salaried officers of the University shall as far as possible, be uniform except in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the normal age of superannuation of a teaching staff would be 60 years. Such recommendations of the University Grants Commission necessitated for a change of the age of superannuation of the teaching staff of the University and the University has implemented the recommendations of age of superannuation by raising the age of superannuation of its staff. For the large number of non teaching staff of the University, such raising of the age of superannuation was thought neither desirable nor practicable. In this connection, Mr. Solicitor General has referred to the meaning of "as far as possible" by referring to Stroud's Judicial Dictionary of Words and Phrases (4th Edition) Vol.4 p. 2068. It has been indicated that a duty to do a thing `if possible' means generally `if reasonably possible' in business sense. Similarly, `as far as possible' has been held to mean `as far as possible consistently with carrying of the manufacture in question'. It is contended by the learned Solicitor General that it was never intended that the terms and conditions of all the employees of the University should be absolutely same. Precisely, for the said reason, flexibility was introduced by providing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is competent to fix different age of superannuation for its employees in respect of two distinctly different categories of employees, namely, teaching staff and non teaching staff, if for good reason, the University feels that a different age of superannuation is required to be introduced for a distinctly different group of employees. Mr. Solicitor General has submitted that University on its own, did not take steps to treat the teaching staff favorably by increasing the age of superannuation of the teaching staff but such decision has to be taken in view of the recommendations of the University Grants Commission. The University has also followed the accepted policy of the University to maintain the service conditions of its employees in the non teaching department at par with the government employees of the State Government. In the aforesaid circumstances, the impugned decision of the High Court in directing that the non teaching staff of the University would also retire at the age of 60 years cannot be sustained and such judgment should, therefore, be set aside. Mr. Subba Rao, learned counsel appearing for the private respondents who are the writ petitions before the High Court, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he non teaching staff at 58 years on the footing that the age of superannuation of the government employees in the State of Andhra Pradesh is 58 years. Therefore, the plea of the University that University is obliged to fix the same age of superannuation of the non teaching staff as available to the government employees of the State Government and for the said reason the age of superannuation of the non teaching staff cannot be raised to 60 years even though the age of superannuation of the teaching staff has been raised to 60 year in order to implement the recommendations of the University Grants Commission, cannot be sustained. Mr. Subba Rao has submitted that the raising of the superannuation age of the non teaching staff to 60 years for bringing uniformity in the superannuation age of both teaching and non teaching staff of the University is neither impracticable nor unreasonable or undesirable. Therefore, no interference with the impugned order of the High Court is called for in these appeals. After giving our careful consideration to the facts and circumstances of the case and the submissions made by the learned Solicitor General and also the learned counsel appearing for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce, University can easily raise the age of superannuation of the non teaching staff for teaching staff for bringing a parity in the service conditions of the salaried staff of the University by fulfilling the mandate under Section 38 (1) of the Act. The age of superannuation of the employees of some of the Universities in the State of Andhra Pradesh is different to that of the employees of the State Government of Andhra Pradesh. It has been rightly contended by Mr. Subba Rao that although the State Government itself has authority to regulate the conditions of service of the employees of the Andhra Pradesh University, the State Government has fixed he age of superannuation of the employees of the said University differently. Therefore, it cannot be contended that it is either undesirable or impracticable to bring uniformity in the age of superannuation of the teaching and non teaching staff of the Osmania University. Hence, the decision of the High Court that when the age of the teaching staff of the University has been increased to 60 years the age of superannuation of the non-teaching staff should also be changed in the similar manner in order to bring parity in the service condi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
