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18/11/2017 12:03:44 pm

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  Judgements

(1997) 8 Supreme Court Cases 350

(Before Sujatha V. Manohar and M. Jgannadha Rao. JJ)

P.S. Ramamohana Rao                                                                             Appellant

 Versus

 

A.P. Agriculture University                                                                           

And Another                                                                                   Respondent

 

Civil 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 accordingly. 

  1. The 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."

Held:

          The 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.

d. team which they go for the inter -university tournaments. For that purpose, it is one of his important. 

# From the Judgment and Order dated 2H-t-89 of the Andhra Pradesh High Court in W.P.No 12751 of 1988.

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