TaxTMI 
TaxTMI 
1997 (7) TMI 708
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....ector in the Bapatla Agricultural College which is a Government, college. w.e.f. 4th August, 1986. The Andhra Pradesh Agricultural University was formed under Andhra Pradesh Act 24 of 1963 (hereinafter called the Act) and the abovesaid college stood transferred to the said University by virtue of Section 43 of the said Act w.e.f. 4th May, 1964. The services of the appellant, therefore, stood transferred to the Agricultural University accordingly and the appellant continued to work as Physical Director in the said University. When the appellant was about to complete 58 years, the respondent University sought to retire him on the completion of 58 years. The appellant filed a writ petition in the High Court and initially obtained an older of stay. By virtue thereof he continued for sometime as Physical Director beyond 58 years but subsequently the stay was vacated. According to the appellant the respondent was not right in contending that the age of superannuation for Physical Directors in the University is 58 years. He contends that he is entitled to continue till he completed 60 years as he is also a 'teacher' within the meaning of the said words in Section 2(n) of the Act. ....
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....Sub-clause (n) of Section 2 defines 'teacher' as follows: "teacher" includes a professor, reader, lecturer or other person appointing or recognised by the University for the purpose of imparting instruction or conducting and guiding research or extension programmes, and any person declared by the statutes to be a teacher. 6. The definition does not say what the word 'teacher" means but includes certain categories within the meaning of the said word. 7. Regulation 33 (as amended on 27-4-1976) of the Regulations deals with the presumption of the age of superannuation and in so far as it is material, reads as follows: (a) The age of retirement for teachers shall he 60 years provided that it shall be competent for the appointing authority to review the case of any teacher at any time after he attains the age of 58 years and retire him. Without assigning any reason, giving three months prior notice or after paying him three months salary in lieu of such notice. (b)(i.) The age of retirement of the employees other than those mentioned in Clause (a) and Class IV employees shall be 58 years provided that the appointing authority may retire an em....
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....y go for the inter-University tournaments. For that purpose it is one of his important duties to guide them about the rules of the various games and sports. It is well known that different games and sports have different rules and practices and unless the students are guided about the said rules and practices they will not be able to play the games and participate in the sports in a proper manner. Further, in our view, it is inherent in the duties of a Physical Director that he imparts to the students various skills and techniques of these games and sports. There are large number of indoor and outdoor games in which the students have to be trained. Therefore, he has to teach them several skills and the techniques of these games apart from the rules applicable to these games. 11. Having regard to the above-said material before us. we are clearly of the view that the appellant comes within the definition of a teacher in Sub-clause (n) of Section 2 of the Act. 12. We may also here refer to certain proceedings relied upon by the learned Counsel for the appellant. The Secretary to the University Grants Commission in a letter dated 7-1-1959 addressed to the Registrar of the Agricul....
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.... cited, the Principal Agricultural College, Bapatla is informed that the Physical Directors working in the Colleges under Andhra Pradesh Agricultural University come under the category of teaching staff and that the age of retirement for such employees has been prescribed in the Andhra Pradesh Agricultural University (Conditions of Service) Regulations, 1965. 15. In connection with the Physical Directors working in Degree colleges and Junior colleges the Education department of the Andhra Pradesh Government has issued proceedings dated 29-11-1976 and in the said proceedings Physical Directors have been described as teachers, for the purpose of the application of the Andhra Pradesh General Subordinate Service. In regard to the pay scales of Physical Directors in Degree Colleges in the State, the Government of Andhra Pradesh had issued proceedings dated 20-4-1987 designating Physical Education Directors as Lecturers in Physical Education. 16. We are of the view that the above said communications of the University Grants Commission and of the Joint Registrar of the respondent University and of the State Government support the view we have taken above. 17. In the impugned judg....