IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 10966 of 2010(U) -------------------------- PETITIONER(S): --------------- 1. INDIRA.E, SELECTION GRADE LECTURER (BOTANY), N.S.S. COLLEGE, OTTAPALAM. 2. GOPINATH.A, SELECTION GRADE LECTURER (PHYSICS), N.S.S. COLLEGE, OTTAPALAM. 3. REMADEVI.A.V, SELECTION GRADE LECTURER (HINDI), N.S.S. COLLEGE, OTTAPALAM. 4. DR.AHAMED BASHEER, SELECTION GRADE LECTURER (COMMERCE) PSMO COLLEGE, THIRURANGADI. 5. N. ABDUL HAMEED, SELECTION GRADE LECTURER (CHEMISTRY) PSMO COLLEGE, THIRURANGADI. 6. HAMSA, SELECTION GRADE LECTURER (HISTORY) MES KALLADI COLLEGE, MANNARKKAD. 7. K.P. NARENDRAN, SELECTION GRADE LECTURER (MALAYALAM) GOVT. BREMEN COLLEGE, DHARMADAM. 8. DR.P.G. PADMINI, READER (MALAYALAM) S.N. COLLEGE, KANNUR. 9. DR.K.P. MALATHI, READER (MALAYALAM) PAYYANNUR COLLEGE, PAYYANNUR. 10. K.J. JOSEPH, SELECTION GRADE LECTURER (COMMERCE) CHRIST COLLEGE, IRINJALAKUDA. 11. SADANANDAN.M.K, SELECTION GRADE LECTURER (PHYSICS), MALABAR CHRISTIAN COLLEGE, CALICUT. 12. JOY V. PAUL, SELECTION GRADE LECTURER (CHEMISTRY), ST. MARYS COLLEGE, SULTHAN BATHERY. 13. A.V. THARIYATHU, SELECTION GRADE LECTURER (PHYSICS), ST. MARY'S COLLEGE, SULTHAN BATHERY. 14. GEETHA NIGALE, SELECTION GRADE LECTURER (ZOOLOGY), MALABAR CHRISTIAN COLLEGE, CALICUT. 15. DR. PADMINI, SELECTION GRADE LECTURER (CHEMISTRY), GOVERMENT ARTS AND SCIENCE COLLEGE, KOZHIKODE. 16. DR.M.C. VYJAYANDI, SELECTION GRADE LECTURER (ZOOLOGY), PROVIDENCE WOMEN'S COLLEGE, KOZHIKODE. 17. UMA DEVI.T, SELECTION GRADE LECTURER (BOTANY), PROVIDENCE WOMEN'S COLLEGE, KOZHIKODE. 18. K.V. SAVITHRI, SELECTION GRADE LECTURER (MALAYALAM), THE ZAMORIN'S GURUVAYURAPPAN COLLEGE, KOZHIKODE. 19. M.P. RAMANI, SELECTION GRADE LECTURER (BOTANY) THE ZAMORIN'S GURUVAYURAPPAN COLLEGE, KOZHIKODE. 20. DR.M. RAMESH, SELECTION GRADE LECTURER (BOTANY) THE ZAMORIN'S GURUVAYURAPPAN COLLEGE, KOZHIKODE. 21. DR. JOHNY JOSEPH, READER (ZOOLOGY) GOVT. ARTS & SCIENCE COLLGE. 22. DR. OMANA.P, PERUMPULLY, SELECTION GRADE LECTURER (CHEMISTRY) GOVERNMENT ENGINEERING COLLEGE, THRISSUR. 23. DR.T.K. NARAYANAN NAMBPOOTHIRI, PRINCIPAL, CO-OPERATIVE ARTS AND SCIENCE COLLEGE, MADAYI 24. PAVITHRAN PUTHIYAPURAYIL, SENIOR GRADE LECTURER ELECTRICAL AND ELCTRONICS ENGINEERING DEPARTMENT, GOVERNMENT COLLEGE OF ENGINEERING, KANNUR. BY ADV. SRI.R.KRISHNA RAJ RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, THIRUVANANTHAPURAM. 3. THE DIRECTOR, COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 4. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT AND HIGHER EDUCATION, NEW DELHI. R-4 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G MR.T.T.MUHAMMOOD, GOVERMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010, ALONG WITH WP(C) NO.10685 OF 2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ---------------------- WP(C) Nos. 10685, 10736, 10937, 10938, 10966, 10976 of 2010 ------------------------------------------- Dated this the 30th day of March 2010 J U D G M E N T In all these writ petitions the petitioners are College Teachers. Essentially their contention is that, now that the Government has decided to adopt the UGC scheme as a package, the benefit of higher retirement age fixed in the scheme should also be extended to them. The UGC schemes were being implemented in the state from time to time. Each time the UGC scheme is implemented, there would be a spate of litigation demanding raising of retirement age also in consonance with the UGC scheme. In writ appeal Nos.826 of 2007, 620 of 2008 and 591 of 2009 Division Benches of this court have repelled such contentions holding that fixation of retirement age is in the discretion of the Government and the Government cannot be compelled to fix a higher retirement age, notwithstanding the UGC recommendations, when the Government has taken a policy decision to fix the retirement age at 55 years. Therefore following those decisions these Writ Petitions are dismissed S.SIRI JAGAN JUDGE DMB