IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 WP(C).No. 4843 of 2011(E) ------------------------------ PETITIONER: -------------- DR.JOHN GEORGE M., READER, MAR THOMA COLLEGE FOR WOMEN, PERUMBAVOOR NOW RESIDING AT MULAMOOTTIL HOUSE, 9/93, NEAR HOUSING COLONY, PERUMBAVOOR - 683 542. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM PIN - 695001. 2. MAHATMA GANDHI UNIVERSITY, KOTTAYAM, REPRESENTED BY ITS REGISTRAR, PIN - 686001. 3. THE MANAGER, MARTHOMA COLLEGE FOR WOMEN, PERUMBAVOOR, PIN - 683 542. BY SMT. NISHA BOSE, GOVERNMENT PLEADER FOR R1. SRI. T.A. SHAJI, SC FOR R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.4843/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER DTD. 7.7.04 ISSUED BY R2. EXT. P2 : COPY OF ORDER DTD. 4.6.97 ISSUED BY R2. EXT. P3 : COPY OF LETTER DTD. 17.6.87 ISSUED BY GOVT. OF INDIA. EXT. P3(a) : COPY OF SCHEME APPENDED TO EXT. P3 LETTER. EXT. P4 : COPY OF LETTER DTD. 17.6.87 TO SECRETARY, UNIVERSITY GRANTS COMMISSION FROM UNION OF INDIA. EXT. P5 : COPY OF LETTER DTD. 22.7.88 BY GOVT. OF INDIA ADDRESSED TO EDUCATION SECRETARIES OF ALL STATES. EXT. P6 : COPY OF ORDER DTD. 13.3.90 ISSUED BY R1. EXT. P7 : COPY OF ORDER DTD. 27.3.90 ISSUED BY R1 TOGETHER WITH THE SCHEME FOR REVISION OF PAY. EXT. P8 : COPY OF LETTER DTD. 27.7.98 ADDRESSED TO EDUCATION SECRETARIES OF ALL STATES AND UNION TERRITORIES. EXT. P9 : COPY OF LETTER DTD. 24.12.98 TO VICE CHANCELLOR OF ALL THE UNIVERSITIES AND EDUCATION SECRETARIES OF ALL the STATES/ UNION TERRITORIES ISSUED BY THE UNIVERSITY GRANTS COMMISSION. EXT. P10 : COPY OF ORDER G.O.(MS) No.14/2010/H&FWD DTD. 14.1.10. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.4843 OF 2011 --------------------------------------- Dated this the 23rd day of September, 2011. J U D G M E N T The petitioner is aggrieved by the retirement age fixed under the relevant University Act. Going by the averments made in the writ petition, the petitioner was due to retire from service on 31.03.2011. The substantial contention is raised by relying upon the U.G.C scheme. What is sought for is for a direction to allow the petitioner to continue in service with all consequential benefits till he attains the age of 60 or until specific statute prescribing the retirement age of teachers of private college is made. 2. Learned Government Pleader submitted that a Division Bench of this Court in Mathai M.M. vs. Elizabeth Xavier and Others (2011(2)KHC 387) has upheld the fixation of retirement age under the University Statute and has repelled the claim raised by the parties concerned under the UGC scheme. W.P.(C) No.4843/2011 2 Since the issue is covered against the petitioner, this writ petition is dismissed. T.R. RAMACHANDRAN NAIR JUDGE smp