Academic librarians’ statutory superannuation age cannot be reduced by executive notification.

The NCERT’s Regulation 41(a) provided that confirmed members of its academic staff would serve until age 65; the provision was amended by notification dated 12 June 2018.

The respondent, a Deputy Librarian, challenged a subsequent NCERT notification dated 14 December 2022 fixing the retirement age of Assistant and Deputy Librarians at 62, contending that they were academic staff and that the notification impermissibly displaced Regulation 41(a).

The Central Administrative Tribunal allowed his application, quashed the 2022 notification and directed that his superannuation age be treated as 65.

The NCERT challenged that decision by writ petition.

1. Whether Assistant Librarians and Deputy Librarians are part of the NCERT’s “academic staff” for the purposes of Regulation 41(a)

2. Whether the NCERT could fix their retirement age at 62 by notification, notwithstanding Regulation 41(a)

3. Whether the UGC communications relied upon by the NCERT applied to, or bound, the NCERT

Regulation 37 classifies NCERT staff as academic, administrative or ancillary, while Regulation 41(a) fixes the superannuation age of confirmed academic staff; under Rule 40, the Executive Committee, with prior Government of India approval, has authority to frame and amend regulations, whereas the Establishment Committee is recommendatory.

An executive notification cannot alter a binding regulatory provision without amending the regulation through the competent procedure.

UGC communications are not binding on NCERT merely because NCERT has followed UGC patterns; their application requires a binding legal or regulatory basis.

The Court distinguished *Krishan Gopal v. Union of India*, 2015 SCC OnLine Del 7385, and *Jitendra Singh Naruka v. University of Delhi*, 2016 SCC OnLine Del 5893, as cases concerning parity with teaching staff, rather than whether librarians formed part of academic staff under NCERT’s regulations.

The Court found that the NCERT’s own pleadings, notifications and internal file notings treated Assistant and Deputy Librarians as academic staff, notwithstanding that they were not necessarily classroom teachers.

Regulation 41(a), as amended to prescribe retirement at 65, therefore applied to them.

The 14 December 2022 notification merely fixed their age at 62 and did not amend Regulation 41(a); it could not, as an executive instruction, displace the regulation.

Nor did the UGC or Ministry communications relied on by the NCERT establish a binding requirement applicable to NCERT.

It upheld the Tribunal’s decision quashing the 14 December 2022 notification and dismissed the writ petition.