IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 WA.No. 913 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.10685/2010 .................... APPELLANT(S): PETITIONER 1 TO 6 AND 8 TO 10:- ---------------------------------------------------------------------- 1. P.T.ASHALATHA, LECTURER SELECTION GRADE, DEPARTMENT OF HISTORY, PAYYANNUR COLLEGE, P.O.EDAT, PAYYANNUR- 670 327. 2. R.SATHIANATHAN, LECTURER SELECTION GRADE HEAD OF THE DEPARTMENT OF ECONOMICS, PAYYANNUR COLLEGE, P.O.EDAT, KANNUR DISTRICT. 3. A.K.BASHEER, LECTURER SELECTION GRADE DEPARTMENT OF POLITICS, PAYYANNUR COLLEGE, P.O.EDAT, KANNUR DISTRICT. 4. P.V.GOVINDAN, LECTURER SELECTION GRADE DEPARTMENT OF HISTORY, PAYYANNUR COLLEGE, P.O.EDAT, KANNUR DISTRICT. 5. L.SASIKALA, SELECTION GRADE LECTURER- COMMERCE, T.K.M.M.COLLEGE, NANGIARKULANGARA, ALAPPUZHA DISTRICT. 6. K.SOMAN, SELECTION GRADE LECTURER- POLITICS, T.K.M.M. COLLEGE, NANGIARKULANGARA, ALAPPUZHA DISTRICT. 7. MOOSA PANAKKADA, LECTURER SELECTION GRADE,DEPARTMENT OF MATHEMATICS SIR SYED COLLEGE TALIPARAMBA, KANNUR DISTRICT- 670 142. 8. K.SOMASUNDARAM, LECTURER SELECTION GRADE DEPARTMENT OF MATHEMATICS, SREE NARAYANA COLLEGE, KANNUR DISTRICT. (PTO) -: 2 :- 9. B.VALSALAKUMARI, SELECTION GRADE LECTURER IN HISTORY, T.K.M.M. COLLEGE, NANGIARKULANGARA, ALAPPUZHA DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): RESPONDENTS AND 7TH PETITIONER:- -------------------------------------------------------------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF KERALA, TRIVANDRUM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, TRIVANDRUM. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, TRIVANDRUM. 4. THE GOVERNMENT OF INDIA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT & HIGHER EDUCATION, NEW DELHI. 5. THE UNIVERSITY GRANTS COMMISSION, REPRESENTED BY ITS SECRETARY, BAHADUR SHAH ZAFAR MARG, NEW DELHI-110 002. 6. THE MANAGER, PAYYANNUR COLLEGE, P.O.EDAT, PAYYANNUR-670 327, KANNUR DISTRICT. 7. THE MANAGER, T.K.M.M.COLLEGE, NANGIARKULANGARA, ALAPPUZHA DISTRICT. 8. THE MANAGER, SIR SYED COLLEGE, TALIPARAMBA, KANNUR DISTRICT 670 142. 9. THE MANAGER, SREE NARAYANAN COLLEGE, KANNUR DISTRICT. 10. A.SURESH BABU, SELECTION GRADE LECTURER ECONOMICS, T.K.M.M.COLLEGE, NANGIARKULANGARA, ALAPPUZHA. ADV. SRI.S.KRISHNAMOORTHY, CGC FOR R5 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ALONG WITH WA.NO.916 OF 2010 AND OTHER CONNECTED CASES ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.Ramachandran Nair & P.S.Gopinathan, JJ. ============================================ W.A.Nos.913, 914, 915, 916, 917, 918 & 919 of 2010 ============================================ Dated this the 7th day of June, 2010. JUDGMENT 1.Heard counsel for the appellant, Government Pleader appearing for the State and the standing counsel appearing for University Grants Commission. 2.The question raised is with regard to the entitlement of the appellants, who are college teachers, to continue in service till the age of 65. According to the appellants, under the U.G.C. Scheme, retirement age of college teachers is 65 and so long as the State is getting U.G.C. grant and assistance, the State is bound to implement the University Scheme in toto. However, the standing counsel for U.G.C. does not W.A.913/10&C.CASES -:2:- support this stand of the appellants in respect of retirement age, which, according to the U.G.C. is within the powers of the State Government to fix. Government Pleader submitted that, as a matter of policy, as of now, Government does not propose to increase the age of retirement of college teachers, which is kept at par with Government service. We find from the judgment of the learned single Judge that he has only followed Division Bench judgment in another batch cases where that Division Bench held that the age of retirement is a matter of policy of the State Government. Even though counsel for the appellants submitted that U.G.C. has taken different stand in different High Courts, we do not think we should look into it. He has further pointed out that the Ministry of Human Resources Development under the Government of India has advised State Governments to increase the age of W.A.913/10&C.CASES -:3:- retirement of college teachers in line with the U.G.C. Scheme. However, obviously, the State Government is not persuaded by the advice of the Central Government. In this regard also, we do not think we should direct the State Government to follow the advice or instruction issued by the Central Ministry. In our view, these are all matters to be settled in the interest of all by the concerned Governments and not through court orders. Writ appeals are consequently dismissed. C.N.Ramachandran Nair, Judge. P.S.Gopinathan, Judge. sl.