Librarians performing academic duties are entitled to parity in superannuation age with teaching faculty.

The applicants, serving as Deputy and Assistant Librarians at the National Council of Educational Research and Training (NCERT), challenged a notification dated 14.12.2022 that reduced their superannuation age from 65 to 62 years

Originally, the retirement age was 60, but the NCERT Executive Committee (EC), in its 105th meeting, enhanced it to 65 for academic staff, including the Librarian cadre, as notified on 12.06.2018

In 2022, based on the 49th Establishment Committee meeting and University Grants Commission (UGC) guidelines, NCERT reduced the age to 62

The lead applicant, S. Nagaraja, was retired at age 62 during the pendency of the litigation, while the other three applicants remained in service

The applicants contended that as academic staff performing teaching and research duties, they are entitled to parity with Professors whose retirement age remains 65

1. Whether the notification dated 14.12.2022, reducing the superannuation age of Librarians from 65 to 62, is legally sustainable and consistent with the NCERT bye-laws and previous Executive Committee decisions

2. Whether Librarians at NCERT qualify as "Academic Staff" entitled to the same superannuation age (65 years) as Professors and other academic faculty

The Tribunal applied the constitutional principles of equality and non-discrimination under Articles 14 and 16 of the Constitution of India

It further relied on the "Doctrine of Legitimate Expectations," particularly where service records had already been amended to reflect a retirement age of 65

The court also distinguished the applicability of UGC regulations, noting that while UGC norms apply to Universities, NCERT is an autonomous society governed by its own Executive Committee and bye-laws

The Tribunal observed that NCERT is an autonomous body and not a University; therefore, UGC directions regarding a 62-year retirement age for Librarians are not binding

Upon reviewing evidence such as pay slips and academic timetables, the court found that Librarians draw Academic Grade Pay (AGP) and perform duties—including classroom teaching, research, and training—equivalent to Professors and academic faculty

The Tribunal noted that the 2018 decision to enhance the age to 65 had already been implemented in the applicants' service records

To suddenly reduce the age for Librarians while maintaining 65 for other academic staff was deemed to be "hostile discrimination" and "gross inequity"

The court reasoned that since the Executive Committee is the only competent authority to amend service regulations, the reduction based on Establishment Committee recommendations was improper

It held that Librarians are part of the Academic Staff and their age of superannuation shall be 65 years

The respondents were directed to reinstate the retired applicant, S. Nagaraja, subject to his willingness to rejoin, and to extend the benefit of service up to age 65 to all applicants in the batch

No order as to costs was made