IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 WP(C).No. 30297 of 2009(F) -------------------------------------- PETITIONERS: --------------------- 1. DR.M.A.HASSAN, PROFESSOR, DEPARTMENT OF SOIL SCIENCE & AGRICULTURAL CHEMISTRY, COLLEGE OF HORTICULTURE, VELLANIKKARA, TRISSUR, RESIDING AT MAYYUNNIYIL, MANUAL SONS GREEN ACRE, PLOT NO.21, MARATHAKKARA, TRISSUR. 2. DR.B.AMBIKA VARMA, ASSOCIATE PROFESSOR, COLLEGE OF FORESTRY, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, TRISSUR, RESIDING AT LAKSHMIPURAM, ROYAL AVENUE, TRISSUR CITY P.O., TRISSUR. BY ADV. MR.P.V.JAYACHANDRAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE VICE CHANCELLOR, KERALA AGRICULTURAL UNIVERSITY, KERALA AGRICULTURAL UNIVERSITY P.O., VELLAMKKARA, THRISSUR. 3. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, KERALA AGRICULTURAL UNIVERSITY P.O. VELLAMKKARA, THRISSUR. R1 BY SR.GOVERNMENT PLEADER MR. MUHAMOOD .T.T, R2 & R3 BY MR. K.P. MUJEEB, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2009, ALONG WITH W.P.(C). NO. 32304 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.(C) Nos.30297 & 32304 OF 2009 -------------------------------------------- Dated this the 1st day of December, 2009. J U D G M E N T In both these writ petitions, the petitioners are relying upon the amendment made by the Government under Section 2 of the Kerala Public Service Act, to Rule 60 of Part I of Kerala Service Rules. Therein the Government unified the retirement age of Government employees and teachers. 2. Learned counsel for the petitioners submitted that in the light of clause 4 of the First Statutes making it applicable the provisions of Kerala Service Rules, the petitioners are also entitled for the benefit. It is also pointed out that the Executive Committee has already taken a decision in the matter and their resolution is produced as Exhibit P3 in W.P.(C) No.32304/2009. 3. Heard the learned standing counsel for the Kerala Agricultural University who contended that Exhibit P1 will not apply to the teaching staff of the University. 4. The age of retirement of teachers going by Section 42(4) W.P.(C) Nos.30297 & 32304/09 2 of the Kerala Agricultural University Act 1971 is 60 years. It is provided therein that “the normal retirement age of the Deans of Faculties, the Director of Research, the Director of Extension, the Director of Veterinary Research and Education, the Director of Post Graduate Studies, the Professor and the other categories of teachers of the University shall be sixty years”. Clause 4 of the First Statute published as SRO No.293/72 provides that “Subject to the provisions of the Act and these Statutes and Ordinances, the conditions of service applicable to Government servants contained in the Kerala Service Rules and Kerala State and Subordinate Service Rules shall mutatis mutadis be applicable to the University Employees”. It is pointed out by the petitioners that the U.G.C while introducing 2006 U.G.C scheme has recommended that the age of superannuation of teachers has to be enhanced to 65 years. 5. A reading of Exhibit P1 shows that the amendment has been introduced to Rule 60(c) of Part I of Kerala Service Rules providing that “the teaching staff of all Educational Institutions (including Principals of Colleges) where the academic year ends W.P.(C) Nos.30297 & 32304/09 3 on a date subsequent to 31st March, shall continue in service till the last day of the month in which the academic year ends”. It is the contention of the learned counsel for the petitioners that the same will squarely apply to the petitioners also. 6. Learned Standing Counsel for the University pointed out that as far as the officers and the teachers of the University are concerned, they are governed by the provisions of Section 42(4) of the Act which provides the age of retirement of teachers as 60. It is therefore submitted that as long as the above provision stands, there cannot be any extension of retirement of the petitioners as sought for in the writ petitions. 7. Learned Government Pleader submitted that Exhibit P1 will apply as far as the Government employees and teachers whose age of retirement is 55 and only in their cases a unification has been made enabling them to continue in service till the end of the financial year. I find force in the above submissions made by the learned standing counsel for the University and the learned Government Pleader. As far as the petitioners are concerned, their retirement W.P.(C) Nos.30297 & 32304/09 4 age is governed by Section 42(4) of the Act. Even going by clause 4 of the Statute, the applicability of the provisions of K.S.R and K.S.S.R is subject to the provisions of the Act. Therefore, there cannot be any dispute that the provisions of the Kerala Agricultural University Act will prevail. Even though the Executive Committee has taken a resolution to extend the retirement age to 31st March and requested the Government to take appropriate action, so far nothing has materialized to effect the amendment of the various provisions. Hence, the petitioners cannot get any right as such for continuance upto 31st March of the year unless the Government takes such a decision and implements it. Therefore, as on today, as the same has not been implemented by way of proper amendment to the Act, the petitioners cannot seek for a direction for enabling them to continue till 31st March 2010. These writ petitions are accordingly dismissed. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp