HON'BLE MS. JUSTICE G.ROHINI WRIT PETITION No: 15025 of 1999 Dated 3-6-2010 Between: Bhaskara Rao. Petitioner. And: The Registrar, Acharya NG Ranga Agricultural University, Rajendranagar, Hyderabad. .....Respondents HON'BLE MS. JUSTICE G.ROHINI WRIT PETITION No: 15025 of 1999 ORDER: This writ petition is filed aggrieved by the memo dated 30.04.1999 issued by the respondent-University whereunder the petitioner was informed that he had to retire from service on attaining the age of 58 years on 31.07.1999. I have heard the learned counsel for both the parties and perused the material available on record including the counter affidavit filed on behalf of the respondent-University. The petitioner was initially recruited as an Investigator in the respondent-University on 06.08.1975. However, for want of vacancies he was retrenched on 26.09.1978 along with others. Subsequently, he was reemployed in a non-teaching post i.e. Lower Division Clerk in the 1st respondent-University. It is claimed that though he made several representations for transferring him to the teaching cadre by condoning the gap period, the respondent refused to consider his request. While so, by memo dated 01.02.1999, it was notified by the respondent- University that the petitioner would be retiring from service with effect from 31.07.1999 on attaining the age of 58 years. Immediately, the petitioner made a representation dated 04.02.1999 stating that he shall be continued up to the age of 60 years on the basis of his original recruitment as Investigator in the teaching cadre. The said request was rejected by memo dated 30.04.1999 and aggrieved by the same, the present writ petition has been filed. The material available on record shows that the age of retirement for teaching cadre as per the regulations of the respondent-University is 60 years, whereas the retirement of employees other than those teaching staff is 58 years. Though, it is a fact that the petitioner was initially employed in a teaching post, admittedly, he was retrenched and was appointed afresh in a non-teaching post and continued as such till he attained the age of 58 years. In the circumstances, he is bound to retire on attaining the age of 58 years in terms of the service regulations. However, it is contended by the petitioner that one D.M.V.Naidu, who was initially recruited in the teaching cadre and subsequently transferred to non-teaching cadre was allowed to retire at the age of 60 years and the action of the respondent in not extending the same benefit to the petitioner is illegal and discriminatory. In the counter affidavit filed on behalf of the respondent- University, it is explained that D.M.V.Naidu was initially appointed as Assistant Lecturer in Sri Venkateswara Agricultural College, which was under the control of Sri Venkateswara Univeristy. However, on formation of the respondent-University, the Sri Venkateswara Agricultural College was transferred to the respondent-University along with several working in the said College including Sri D.M.V.Naidu. That apart, though he was teaching Engineering subjects in the Agricultural College for some time, he was subsequently, transferred as Assistant Engineer and his services were also regularized as Assistant Engineer as there was no disparity of pay between the pay scales of posts of Assistant Lecturers and Assistant Engineer. Thus, it has been stated in the counter affidavit that the petitioner cannot be placed on par with Sri D.M.V.Naidu. Having regard to the reasons stated in the counter affidavit, the petitioner’s claim that he shall be permitted to retire on attaining the age of 60 years on par with D.M.V.Naidu cannot be accepted. The petitioner was admittedly appointed in a non-teaching staff and worked there in the said post. Hence, the impugned proceedings under which he was sought to be retired on attaining the age of 58 years cannot be held to be erroneous or illegal on any ground whatsoever. Accordingly, the Writ Petition is dismissed. No costs. ___________________ G.ROHINI,J Dated: 3-6-2010. Dvs HONOURABLE MS. JUSTICE G.ROHINI ` WRIT PETITION No: 15025 of 1999 Dated 3-6-2010