IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 10271 of 2009(D) ------------------------------------ PETITIONER(S): ---------------------- 1. DR.JOSE JAMES, AGED 60 YEARS, S/O.SRI.P.J.JAMES, DIRECTOR, SCHOOL OF PHYSICAL EDUCATION & SPORTS SCIENCES, M.G.UNIVERSITY, KOTTAYAM. 2. DR.A.P.THOMAS, AGED 60 YEARS, S/O.LATE A.C.PAILY, PROFESSOR & DIRECTOR, SCHOOL OF ENVIRONMENTAL SCIENCES, M.G.UNIVERSITY, KOTTAYAM. 3. DR.M.R.GOPINATHAN NAIR, S/O.LATE P.RAMAKRISHNA PILLAI, PROFESSOR & DIRECTOR, SCHOOL OF CHEMICAL SCIENCES, M.G.UNIVERSITY, KOTTAYAM. BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN RESPONDENT(S): ----------------------- 1. M.G.UNIVERSITY, KOTTAYAM REPRESENTED BY ITS REGISTRAR. 2. UNIVERSITY GRANTS COMMISSION, BAHADUR SHAH ZAFAR MARG, NEW DELHI-110 002 REPRESENTED BY ITS CHAIRMAN. 3. STATE OF KERALA REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. UNION OF INDIA, MINISTRY OF HUMAN RESOURCE DEVELOPMENT, DEPARTMENT OF HIGHER EDUCATION, NEW DELHI. MR. T.A. SHAJI, SC FOR MG UTY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.10271 of 2009 -------------------------------------- Dated 30th March, 2009 JUDGMENT Heard Sri.Mohan Jacob George, the learned counsel appearing for the petitioners. 2. The petitioners are teachers employed in the Mahathma Gandhi University. They have attained the age of 60 years and will retire from service on 31.3.2009 on attaining the age of superannuation presently prescribed for teachers of the University. In this writ petition, the petitioners contend that in view of the stipulation in Ext.P1 Scheme framed by the University Grants Commission, they are entitled to continue in service till they attain the age of 65 years. They seek a declaration that they are entitled to continue in service till they attain the age of 65 years and also a writ in the nature of mandamus commanding the respondents to allow them to continue in service till they attain the age of 65 years. 3. The learned counsel appearing for the petitioners submits that similarly placed teachers have filed W.P.(C)No.128 of 2009 in the Apex Court and the Apex Court has issued notice to the State of Kerala and other respondents. The petitioners have already attained age of superannuation and they are continuing in service by virtue of the WP(C).No.10271/2009 2 Mahathma Gandhi University Statutes, 1997 which permits them to continue in service till the end of the academic year. Thus, the petitioners can continue in service only till 31.3.2009. It is on the eve of their retirement that the petitioners have rushed to this Court seeking a direction to the respondents to allow them to continue in service till they attain the age of 65 years. In my opinion the issue raised in this writ petition is directly covered against the petitioners by the decision of the Division Bench of this Court in Dr.T.K.Balachandran and others v. State of Kerala and others (2002 LAB IC 2348). The reliefs prayed for by the petitioners cannot therefore be granted. The writ petition fails and is accordingly dismissed in limine. P.N.RAVINDRAN Judge TKS