IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 WP(C).No. 31997 of 2011(Y) -------------------------- PETITIONER: --------------- DR.P.P.MOHAMED, REGISTRAR, UNIVERSITY OF CALLICUT, CALICUT UNIVERSITY PO, MALAPPURAM DISTRICT. BY ADV. SRI.GEORGE POONTHOTTAM SRI.M.PRAVEESH SRI.N.ANAND RESPONDENT(S): --------------- 1. THE VICE CHANCELLOR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY-PO, MALAPPURAM DISTRICT, PIN- 673 635. 2. CALICUT UNIVERSITY, REPRESENTED BY THE REGISTRAR,CALICUT UNIVERSITY-PO MALAPPURAM DISTRICT, PIN- 673 635. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, THIRUVANANTHAPURAM- 695 001. BY STANDING COUNSEL SHRI SANTHOSH MATHEW FOR R1 & R2 SR.GOVT.PLEADER SHRI M.A.FAYAZ FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.31997/11 PETITIONER'S EXTS: EXT.P1: COPY OF GO(P)NO.154/09/FIN. DT.24.4.09. EXT.P2: COY OF PROCEEDINGS NO.ENDT.NO.AD/A4/3294/2002 DT.28.4.09 OF THE UNIVERSITY. EXT.P3: COPY OF GO(P)NO.158/09/FIN. DT.30.4.09. EXT.P4: COPY OF ORDER OF THE UNIVERSITY NO.AD.A4/3294/2002 DT.23.5.09. ET.P5: COPY OF LETTER NO.AD.F2/8177/2003/SF(1) VOL.II DT.4.11.2011. EXT.P6: COPY OF GOVERNMENT LETTER NO.40438/B1/2011/H.EDN. DT.19.11.2011. EXT.P7: COPY OF ORDER NO.AD.F2/8177/2003/SF(1)/VOL.II DT.29.11.11. ISSUED BY THE UNIVERSITY. EXT.P8: COPY OF JUDGMENT IN W.P.(C)No.13604/09 DT.25.3.2010. TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.31997 of 2011 -------------------------------------------------- DATED THIS THE 1st DAY OF DECEMBER, 2011 JUDGMENT The Writ Petition is filed by the petitioner, who is the Registrar of the University, aggrieved by the proceedings Exhibit P7 by which the petitioner is sought to be relieved from service on attainment of 55 years, from 2.12.2011. 2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the University. 3. The petitioner relies upon the provisions of Part I of KSR, namely, Rule 60(a), wherein it is provided that except as otherwise provided in the Rules, the date of compulsory retirement of the employees and teachers shall take effect from the afternoon of the last day of the financial year in which they attain 55 years. The petitioner is also relying upon the judgment of this Court, Exhibit P8. 4. The learned Standing Counsel for the University submitted that as far as the post of Registrar is concerned, the retirement is governed by Clause 24 Chapter II of the Calicut W.P.(C)No.31997/11 -2- University Statute,1977. Going by the same, the petitioner will have to retire on attainment of 55 years. Evidently, therefore, the same is a separate provision as far as the Registrar is concerned. 5. The learned Standing Counsel submitted that the practice in the University is to allow the incumbent to continue till the end of the month in which he attain the age of 55 years. 6. In that view of the matter, even though the communication has been issued as per Exhibit P7, the petitioner will be allowed to continue till 31.12.2011 and to that extent, Exhibit P7 will stand modified. Revised proceedings will be issued by the University, since the petitioner will have to be sanctioned pensionary benefits accordingly. It is made clear that petitioner will retire from service on 31.12.2011. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn