(1997) 8 Supreme Court Cases 350
(Before Sujatha V. Manohar and M. Jgannadha Rao. JJ)
P.S. Ramamohana Rao
A.P. Agriculture University
Appeal No: 898 of 1992. Decided on July 31. 1997.
A. service Law Teacher Physical Director in a
University - Held on facts was entitled to retire only at 60
years as per Regulation 33(a) - Words and Phrases "Teacher",
Interpretation of - Andhra Pradesh Agriculture .University
Act.l963(24 of 1963).SS.2(n) and -40 - Andhra Pradesh
Agriculture University (Conditions of Service) Regulations.
1965. Regn. 33.
B. Service Law-Retirement- Age of Retirement -Premature
retirement by wrong interpretation of rules Relief is which
can be granted by the court - Emoluments allowed lip to 60
years and retiral benefits also director to be determined
question in this case was whether Physical Director in
Andhra Pradesh Agriculture University was a -teacher"
entitled to 60 years of retirement age in accordance with
regulation 33(a) of the Andhra Pradesh Agricultural
University (Conditions of Service) Regulation: 1965, or ,was
he and "employee" whose retirement age was 58 years
prescribed in Regulations. 33(b) (i) According 'o Section
2(n) of the Andhra Pradesh Act, 1963 'teacher' "includes a
professor, reader or the other person appointed or
recognized by the University for the purpose of imparting
instruction or conducting and guiding research or extension
programs, and any person declared by the status to be a
teacher." The University it self indicated the following
duties of Physical Director (a) to arrange games and sports
daily in the evening for the students. (b) to look after the
procurement of sports and the maintenance of the sports
grounds. (c) to arrange inter class and inter college
tournaments. (d.) to accompany the student teams for the
inter-university tournaments. (e) to guide the students
about the rules of the various games and sports."
Physical Director has multifarious duties. He mot only
arranges games and sports for the students every evening and
looks after the procurement of sports material and the
maintenance of the grounds but also arranges inter-class and
inter-college tournaments and accompany the students.
which they go for the inter -university tournaments. For that
purpose, it is one of his important.
the Judgment and Order dated 2H-t-89 of the Andhra Pradesh
High Court in W.P.No 12751 of 1988.