Allow librarian to serve till age of 62, tribunal directs Chandigarh administration

While observing that classifying the post of librarian in group C category is wrong, the Chandigarh bench of Central Administrative Tribunal has directed the UT Administration to allow Sadhana Bhardwaj, working as a librarian at the Chandigarh College of Engineering and Technology, Diploma Wing, Sector 26, to continue in service till the age of 62.

The Bench said her continuation in service shall be treated as valid without break and she shall be entitled to all consequential benefits, including pay, allowances, seniority and pensioner benefits arising from such continuation.

Bhardwaj in the application filed under Section 19 of the Administrative Tribunals Act, 1985, had sought directions to the respondents to allow her to continue in service up to the age of superannuation at 62 years in terms of AICTE Regulations 2010 as amended in 2019 read with UGC Regulations CAS Scheme. She said her post was a Group A post governed by AICTE norms and carries workload equivalent to teaching faculty and had been wrongly categorised as Group C.

The applicant further submitted that the Ministry of Human Resources and Development enhanced the superannuation age of teaching positions to 65 years, but retained 62 years for librarians.

The UGC Regulations, 2010 framed under Section 26 of the UGC Act, reiterated the same position, according to the application, which also cited a judgment of the Punjab and Haryana High Court in Dr Joginder Pal Singh case. It added that the UT Administration has already granted the benefit of enhanced retirement age to similarly situated librarians.

The respondents opposed the application, contending that the post had not yet been upgraded to Group A.

After hearing the arguments, the Tribunal said it was undisputed that CCET (Diploma Wing) was a centrally funded technical institution; that librarians are categorised as -teachers / academic staff (Non-Vocational) under UGC communications; that UGC/AICTE Regulations prescribe 62 years as the age of superannuation for librarians. It added that administrative delay in amendment of rules or in processing upgradation proposals cannot defeat a statutory entitlement, nor can it override judicial pronouncements.

The respondents were directed to allow the applicant to continue in service as librarian up to the age of 62 years and be entitled to all benefits.