IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 WP(C).No. 9556 of 2010(T) ------------------------- PETITIONERS: --------------- 1. TOM JOSEPH, LECTURER (SELECTION GRADE) HEAD OF THE DEPARTMENT OF COMMERCE ST.XAVIER'S COLLEGE, THIRUVANANTHAPURAM, KERALA. 2. CYRIL JOHNSON, READER, HEAD OF THE DEPARTMENT OF BIOTECHNOLOGY, ST.XAVIER'S COLLEGE, THUMBA, THIRUVANANTHAPURAM, KERALA. 3. MARGARET ISAAC, LECTURER (SELECTION GRADE), DEPARTMENT OF ZOOLOGY, ST.MICHAEL'S COLLEGE, CHERTHALA, ALAPPUZHA. 4. MARY MARGARET GEORGE, LECTURER (SELECTION GRADE) DEPARTMENT OF HISTORY, ST.XAVIER'S COLLEGE, THUMBA, THIRUVANANTHAPURAM, KERALA. 5. K.C.SUKUMARAN ACHARI, LECTURER (SELECTION GRADE), DEPARTMENT OF PHYSICS, ST.MICHAEL'S COLLEGE, CHERTHALA, ALAPPUZHA. 6. CATHERINE MORRIS, LECTURER (SELECTION GRADE) DEPARTMENT OF CHEMISTRY, ST.MICHAEL'S COLLEGE, CHERTHALA, ALAPPUZHA. 7. GIGEE GRACE K.V., LECTURER (SELECTION GRADE), DEPARTMENT OF MATHEMATICS, ST.MICHAEL'S COLLEGE, CHERTHALA, ALAPPUZHA. 8. SREEKUMARA KURUP.P.R., LECTURER (SELECTION GRADE), DEPARTMENT OF MATHEMATICS, ST.MICHAEL'S COLLEGE, CHERTHALA, ALAPPUZHA. 9. P.C.CHERIAN, LECTURER (SELECTION GRADE) DEPARTMENT OF CHEMISTRY, S.B.COLLEGE, CHANGANACHERRY. 10. DR.M.S.JAMES, LECTURER (SELECTION GRADE) DEPARTMENT OF ECONOMICS, S.B.COLLEGE, CHANGANACHERRY. 11. K.J.GEORGE, LECTURER (SELECTION GRADE) DEPARTMENT OF CHEMISTRY, S.B.COLLEGE, CHANGANACHERRY. 12. DR.THOMAS T.VALAMPARAMPIL (READER) DEPARTMENT OF ZOOLOGY, S.B.COLLEGE, CHANGANACHERRY. 13. MARIAMMA JOSE, LECTURER (SELECTION GRADE), DEPARTMENT OF CHEMISTRY ASSUMPTION COLLEGE, CHANGANACHERRY. 14. CLARA.M.A., LECTURER (SELECTION GRADE) DEPARTMENT OF HISTORY, ST.JOSEPH'S COLLEGE FOR WOMEN, ALAPPUZHA. 15. DR.K.V.SARASWATHY, LECTURER (SELECTION GRADE), DEPARTMENT OF ENGLISH, ST.JOSEPH'S COLLEGE FOR WOMEN, ALAPPUZHA. 16. DR.OMMEN V.OMMEN, PROFESSOR DEPARTMENT OF ZOOLOGY, KARIYAVATTOM, TRIVANDRUM. 17. P.R.VENIKARAMAN, LECTURER, (SELECTION GRADE), DEPARTMENT OF ZOOLOGY, ST.ALBERT'S COLLEGE, ERNAKULAM. 18. R.SURENDRAN NAIR, LECTURER (SELECTION GRADE), DEPARTMENT OF HINDI, ST.ALBERT'S COLLEGE, ERNAKULAM. 19. K.J.VARUGHESE, LECTURER (SELECTION GRADE) DEPARTMENT OF CHEMISTRY,ST.ALBERT'S COLLEGE ERNAKULAM. 20. N.R.KRISHNA KUMAR, LECTURER (SELECTION GRADE), DEPARTMENT OF CHEMISTRY, ST.ALBERT'S COLLEGE, ERNAKULAM. 21. GEORGE KUTTY JOHN, LECTURER (SELECTION GRADE), DEPARTMENT OF PHYSICS, ST.ALBERT'S COLLEGE, ERNAKULAM. 22. DR.TITUS CORREYA, VICE PRINCIPAL, ST.ALBERT'S COLLEGE, ERNAKULAM. 23. DR.KESHAV MOHAN, READER, DEPARTMENT CHEMISTRY, M.S.M.COLLEGE, KAYAMKULAM. BY ADV. SRI.JOHNSON GOMEZ RESPONDENTS --------------- 1. THE STATE OF KERALA, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. UNION OF INDIA, MINISTRY OF HUMAN RESOURCES, DEPARTMENT OF HIGHER EDUCATION, REPRESENTED BY ITS SECRTARY, CENTRAL SECRETARIAT, NEW DELHI. 3. THE UNIVERSITY GRANTS COMMISSION BAHADUR SHAH ZAFAR MARG, NEW DELHI-110 002, REPRESENTED BY THE SECRETARY. 4. THE UNIVERSITY OF KERALA, THIRUVANANTHAPURAM REPRESENTED BY ITS REGISTRAR. 5. THE MAHATMA GANDHI (MG) UNIVERSITY KOTTAYAM, KERALA REPRESENTED BY ITS REGISTRAR. BY GOVT. PLEADER SRI. T.T.MOHAMOOD ADV. SRI.V.A.OMANAKUTTAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. --------------------------- W.P.(C). No. 9556 OF 2010 -------------------------- Dated this the 22nd day of March, 2010 J U D G M E N T Although this writ petition is purportedly for a direction to the Government to implement Ext.P1 UGC scheme, essentially what the petitioners want in this writ petition is raising of their retirement age in tune with the recommendation of the UGC as contained in Ext.P1 scheme. According to the petitioners, Ext.P1 scheme envisages retirement of college teachers at the age of 65. But presently the Government has fixed the age of retirement only as 55. The petitioners would contend that the respondents are bound to implement Ext.P1 scheme including the recommendation regarding raising of retirement age to 65. 2. I am of opinion that this question has been considered by Division Benches of this Court more than twice, in connection with implementation of earlier UGC schemes and it has been repeatedly held that it is in the discretion of the Government to fix retirement age of college teachers. In the above circumstances, this writ petition is dismissed following the earlier Division Bench decisions of this Court. S.SIRI JAGAN, JUDGE vps Crl.M.C.No. 2 Crl.M.C.No. 3