Service Law

Classification of posts

— Function of employer — Whether post of Senior Pilot Instructor (Glider), held by respondent an academic post or a technical post in IIT, Kanpur — In terms of Statute 4(2)(a) of IIT Kanpur Statutes, it was the exclusive function of Senate of IIT, Kanpur to frame or revise curricula and syllabi for the courses of studies for various departments of IIT, Kanpur — Post of Senior Pilot Instructor (Glider) classified as technical — Main function of respondent was for providing an informal recreational avenue to members of the Gliding and Soaring Centre in adventure and other aviation sport like aero-modelling — Academic qualification required for the post was Intermediate only — Selection Committee was constituted under Statute 12(3)(e) which ordinarily would apply to technical staff only — Having regard to these and other relevant facts, held, respondent was covered under the technical category — High Court erred in accepting respondent's claim that the post held by him was an academic post and as such he was entitled to retire at the age of 62 years, being the age of superannuation fixed for academic posts and not at the age of 60 years, being the age of superannuation fixed for technical posts, (2006) 5 SCC 664