P.S. RAMAMOHANA RAO versus A.P. AGRICULTURAL UNIVERSITY AND ANR.

Citation: [1997] SUPP. 3 S.C.R. 201 · Decided: 31-07-1997 · Supreme Court of India · Bench: SUJATA V. MANOHAR · Disposal: Appeal(s) allowed

Judgment (excerpt)

P.S. RAMAMOHANA RAO 
A 
v. 
A.P. AGRICULTURAL UNIVERSITY AND ANR. 
:::l 
JULY 31, 1997 
[SUJATA V. MANOHAR AND M. JAGANNADHA RAO, JJ.] 
B 
Service Matter-Andhra Pradesh Act 24 of 1963-Teacher-Superan~ 
nuation age-College where petitioner worked was transferred to the A.P. 
University as per S.43 of the Act-Petitioner who was a physical Director is c 
also a teacher within the.meaning of S.2(n}-Hence under Regulations 3 & 
33 his age of Superannuation is 60 and not 58. 
The appellant filed a writ petition challenging the order retiring him 
at the age of 58 contending that he was a 'teacher' within the meaning of 
S.2(n) of the Act and as per the Regulations governing the service condi· D 
tions, he was entitled to work till 60 years of age. The High Court dismissed 
the Petition holding that Physical Director does not fall under the defini· 
tion of teacher in S.2 (n); that though paid the same scales of pay 
applicable to teaching staff, it does not give him the status of a teacher; 
and there is no discrimination in retiring_ him at 58. On appeal, the E 
appellant reiterated his contentions to which the respondents contended 
that there was no regular curriculum or syllabus nor credits for physical 
education and therefore the post was not that of a 'teacher'. 
Allowing the appeal, this Court 
F 
HELD : 1. The definition does. not say what the word 'teacher' means 
but includes certain categories within the meaning of the said word. neither 
the Ad nor the rules & regulations specify the duties and functions of a 
Physical Director. From the affidavit, it is clear that a Physical Director 
has multifarious duties. He not only arranges game and sports for the G 
students every evening and looks after the procurement of sports material 
-:. 
and the maintenance of the grounds but also arranges inter-class and 
inter-college tournaments and accompanys the students team when they 
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 H 
201 
202 
SUPREME COURT REPORTS [1997] SUPP. 3 S.C.R. 
A 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, it is inherent in the duties of a ; 
Physical Director that he imparts to the students various skills and 
techniques of these games and s:>orts. There are large number of indoor 
B and outdoor games in which the students have to be trained. Therefore, 
he has to teach the several skill and techniques of these games apart from 
the rules applicable to these games. Having regard to the above-stated, the 
Court is clearly of the view that the appellant comes within the definition 
of teacher in sub-clause (n) of Section 2 of the Act. Regulation 33 (as 
amended on 27.4.1976) of the Regulations deals with the presumption of 
C the age of superannuation . It is clear that the age of retirement of teachers 
is 60 years and for other employees it is 58 years while the age of Class IV 
employees is 60 years. It is, therefore, clear that if the appellant is a 
teacher, he will come under sub-clause (a) of Regulation 33 and is entitled 
to be continued till he completes 60 years. It is declared that appellant was 
D entitled to continue in service till he completed 60 years of age. 
[206·G·H; 207-A-C; 206-8-C; 210-D] 
2. The Secretary to the University Grants Commission in a letter 
dated 7.1.1959 addressed to the Registrar, Agricultural University in con· 
E nection with upgrading the scale of Physical Directors referred to the 
minimum qualifications required for an appointment of a physical Direc· 
tor and in the said letter described physical Directors as.'teachers'. In fact, 
it is clear that while counting the percentages of teachers, Physical Direc· 
tors have also been counted. There is a memorandum of the Joint 
Registrar of the said University dated 29.7.1966 which clearly admitted 
F that Physical Director comes within the category of teachers. 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 direc· 
tors have been described as teachers, for the purpose of application of the 
G Andhra Pradesh Subordinat

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