Madras High Court
The Director vs Dr.G.Thamaraiselvi on 23 June, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A.(MD) No.338 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
and
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.A.(MD) No.338 of 2020
and
C.M.P.(MD) No.2302 of 2020
1.The Director
National Institute of Technology
Tiruchirappalli
2.The Registrar
National Institute of Technology
Tiruchirappalli ... Appellants
-vs-
1.Dr.G.Thamaraiselvi
2.Union of India
rep.by its Secretary to Government
(Department of Higher Education)
Ministry of Human Resources Development
Shastri Bhavan, New Delhi ... Respondents
(As no relief is claimed against R2,
notice to R2 is given up)
_______________
Page 1 of 12
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 07:39:19 pm )
W.A.(MD) No.338 of 2020
Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order, dated 11.02.2020, passed in W.P.(MD) No.2390 of 2019, on the file of
this Court.
For Appellants : Ms.J.Maria Roseline
For Respondent : Mr.V.R.Shanmuganathan for R1
Mr.P.Subbiah
Central Govt. Senior Panel Counsel for R2
JUDGMENT
[Judgment of the Court was made by S.M.SUBRAMANIAM, J.]
The present intra-court appeal has been instituted challenging the
writ order dated 11.02.2020 passed in W.P.(MD) No.2390 of 2019.
2. The National Institute of Technology, Tiruchirappalli, is the
appellant before this Court. The first respondent herein instituted the writ
proceedings challenging the retirement order dated 02.01.2019, passed by the
second appellant – Registrar of the National Institute of Technology.
_______________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 07:39:19 pm )
3. The respondent herein was admittedly holding the post of
Librarian in the appellant – National Institute of Technology. On attaining the
age of 62 years, she was allowed to retire from service and accordingly, a
retirement order dated 02.01.2019, impugned in the writ petition, was issued.
4. The issues raised by the first respondent in the writ petition are
as follows:
(i) Whether the post of Librarian is a technical post
or teaching post? and
(ii) Whether the age of superannuation for the post
of Librarian is 62 years or 65 years?
5. In respect of the above two issues, it is sufficient if the Act and
the Rules applicable to the appellant - National Institute of Technology is
considered.
6. The Writ Court mainly proceeded on the basis that the post of
Librarian is a teaching post and therefore, the age of retirement for the said
_______________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 07:39:19 pm )
post is 65 years. Thus, the writ petition came to be allowed. Challenging the
same, the National Institute of Technology is before this Court.
7. Let us now consider the National Institutes of Technology Act,
2007 (hereinafter, referred to as “NIT Act, 2007), which is applicable to the
appellant – National Institute of Technology.
8. Section 26(1) of the NIT Act, 2007, reads as under:
“(1) The first Statutes of each Institute shall be
framed by the Central Government with the prior
approval of the Visitor and a copy of the same shall be
laid as soon as may be before each House of
Parliament. ”
9. In exercise of powers conferred by sub-section (1) of Section 26
of the NIT Act, 2007, the Central Government, with the prior approval of the
Visitor, framed the first statute for all the National Institutes of Technology
i.e., the NIT Act, 2007. The said Act and the Rules framed thereunder remain
unchallenged. Thus, the Act and the Rules would be applicable to the
employees, who were inducted as the employees of the National Institute of
_______________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 07:39:19 pm )
Technology.
10. Section 5(d) of the NIT Act, 2007, enumerates as follows:
“(d) every person employed by a society,
immediately before such commencement shall hold his
office or service in the corresponding Institute for the
same tenure, at the same remuneration and upon the
same terms and conditions and with the same rights and
privileges as to pension, leave, gratuity, provident fund
and other matters as he would have held if this Act had
not been passed, and shall continue to do so unless and
until his employment is terminated or until such tenure,
remuneration and terms and conditions are duly altered
by the Statutes:
Provided that if the alteration so made is not
acceptable to such employee, his employment may be
terminated by the Institute in accordance with the terms
of contract with the employee or, if no provision is made
therein in this behalf, on payment to him by the Institute,
of compensation equivalent to three months
remuneration in the case of permanent employee and
one months' remuneration in the case of other
employee.”
11. In view of Section 5(d) and its proviso clause, the new statute
_______________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 07:39:19 pm )
framed in exercise of the power conferred under Section 26 of the NIT, 2007, is
binding on all the employees inducted in the National Institute of Technology.
12. In the present case, though the first respondent was employed
in the Regional Engineering College, Tiruchirappalli, she was inducted in the
National Institute of Technology on commencement of the Act, 2007. Since
Section 5(d) of the Act, 2007, has not been challenged, it is binding on the
employees served in the National Institute of Technology.
13. The first statute for all the National Institutes of Technology
notified by the Ministry of Human Resource Development vide Notification
dated 23.04.2009, speaks about the status of the post of Librarian. Section
22 of the first statute speaks about classification of the members of the staff.
Clause (ii) to sub-section (1) of Section 22 of the first statute reads as under:
“ii. Technical staff:- System Manager, System
Analyst, Programmer, Librarian, Workshop
Superintendent, Assistant Workshop Superintendent,
Foreman, Technician, Instructor, Laboratory Assistant,
Mechanic, Overseer, Technical Assistant, Draftsmen,
and such other technical posts as may be decided by
the Board from time to time; and”
_______________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 07:39:19 pm )
14. The age of retirement of the technical staff, as per the
proceedings dated 16.09.2009, issued by the Ministry of Human Resource
Department, Government of India, is admittedly 62 years. The said
proceedings speak about the age of retirement for the post of Librarian as
under:
“(5) The age of superannuation of Librarians, the
cadre of Physical Education Personnel of
Centrally Funded Technical Institutions (CFTIs);
and Registrar and Finance Officer of IITs, IISERs,
NITs, IISC, Bangalore and Deemed to be
Universities, will be on par with UGC, and hence
be fixed at 62 years, subject to their possessing
the qualifications and experience as prescribed by
UGC from time to time. The enhanced age of
superannuation of 62 years will take effect from
the date of issue of this Order.
15. Even the Ministry of Human Resource Development,
Government of India, addressed a letter to the Secretary, University Grants
Commission, on 31.12.2008, wherein, they have stated about the age of
_______________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 07:39:19 pm )
superannuation for the post of Librarian in Clause 8(f)(ii), which reads as
under:
“(ii) Whereas the enhancement of the age of
superannuation for teachers engaged in class room
teaching is intended to attract eligible persons to be a
career in teaching and to meet the shortage of teachers
by retaining teachers in service for a longer period, and
whereas there is no shortage in the categories of
Librarians and Directors of Physical education, the
increase in the age of superannuation from the present
sixty two years shall not be available to the categories of
Librarians and Directors of Physical Education.”
16. Though the learned counsel appearing for the first respondent
would submit that the NIT Act, 2007, cannot have any retrospective effect so
as to affect the retirement age of the first respondent, the fact remains that
Section 5(d) of the NIT Act, 2007 has not been challenged by the first
respondent, but she accepted the said provision and continued as Librarian in
the National Institute of Technology till she attained the aged of 62 years.
Having not challenged the the provisions of Section 5(d) of the Act, 2007, and
not expressed her willingness to discontinue and to face termination,
subsequently, she cannot turn around and say that the post of Librarian is to
_______________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 07:39:19 pm )
be treated as a teaching post and the age of retirement for the said post is to
be considered as 65 years.
17. The learned Single Judge mainly considered the claim of the
first respondent, on the ground that the NIT Act, 2007, cannot be applied
retrospectively so as to infringe the service conditions of the first respondent.
Secondly, the learned Single Judge has not at all considered the scope of
Section 5 of the NIT Act, 2007. When Section 5 of the NIT Act, 2007, in
unambiguous terms, states that the terms and conditions duly altered by the
statute are binding on the employees, who are all inducted in the National
Institute of Technology and if the alteration so made is not acceptable by an
employee, such an employee may be terminated from service. The provisions
of Section 5(d) of the first statute enacted in exercise of the power conferred
under Section 26 of the NIT Act, 2007, are binding on all the employees of the
National Institute of Technology and therefore, after discontinuing from the
services of the National Institute of Technology, they cannot reprobate and
thus, the very claim of the first respondent is running counter to the
provisions of the NIT Act, 2007 and the First Statute framed by the
Government of India.
_______________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 07:39:19 pm )
18. Since the Writ Court has not considered these two aspects,
namely, Section 5 of the NIT Act, 2007 and the post of Librarian is the
technical post, this Court is inclined to interfere with the order passed by the
Writ Court.
19. Accordingly, this writ appeal is allowed and the writ order
dated 11.02.2020 passed in W.P.(MD) No.2390 of 2019, is set aside. No costs.
Consequently, connected miscellaneous petition is closed.
[S.M.S., J.] [A.D.M.C., J.]
23.06.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
The Secretary to Government,
(Department of Higher Education),
_______________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 07:39:19 pm )
Ministry of Human Resources Development,
Union of India,
Shastri Bhavan, New Delhi.
_______________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 07:39:19 pm )
S.M.SUBRAMANIAM, J.
and
DR.A.D.MARIA CLETE, J.
krk
and
23.06.2025
_______________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 07:39:19 pm )
