IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 7371 of 2010(V) ------------------------- PETITIONER(S): --------------- 1. P.J.HARIDAS, PRINCIPAL, SREE SANKARA VIDYAPEEDAM, COLLEGE,VALAYANCHIRANGARA, ERNAKULAM DIST. 2. S.K.KRISHNAN LECTURER(SELECTION GRADE) SREE SANKARA VIDYAPEEDAM COLLEGE,VALAYANCHIRANGARA ERNAKULAM DISTRICT. 3. MOHANDAS.S. LECTURER (SELECTION GRADE) SREE SANKARA VIDYAPEEDAM COLLEGE,VALAYANCHIRANGARA ERNAKULAM DIST. 4. M.V.NARAYANAN NAMBOOTHIRI, LECTURER (SELECTION GRADE) SREE SANKARA VIDYAPEEDAM COLLEGE,VALAYANCHIRANGARA ERNAKULAM DIST. 5. C.KRISHNANKUTTY NAIR, LECTURER (SELCTION GRADE), SREE SANKARA VIDYAPEEDAM COLLEGE,VALAYANCHIRANGARA ERNAKULAM DIST. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. UNIVERSITY GRANTS COMMISSION(UGC), NEW DELHI. 3. DIRECTOR OF COLLEGIATE EDUCATION, DIRECTORATE OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. R1 & R3 BY GOVT. PLEADER SRI. T.T. MUHAMOOD R2 BY ADV. SRI. S. KRISHNAMOORTHY, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2010, ALONG WITH W.P.(C) NOS. 9829, 10061, 11228, 11299, 11354 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).Nos.7371, 9829,10061,11228,11299 &11354 of 2010 ================== Dated this the 31st day of March, 2010 J U D G M E N T In all these writ petitions, essentially what the petitioners seek is a direction to the respondents to allow the petitioners to continue in service beyond 55 years of age in implementation of the UGC scheme recommending retirement age of 65 years for teachers, which scheme has been adopted by the Government of Kerala. The very question had been considered by Division Benches of this Court several times as to whether on implementation of the recommendations of the UGC scheme recommending a higher retirement age, the Government can fix a lower retirement age, while adopting other terms of the UGC scheme. Considering that question this Court has repeatedly held that it is in the absolute discretion of the Government to fix the retirement age of their employees and therefore, the teachers cannot, as of right, claim that they should be allowed to continue in service till they attain the retirement age fixed as per the UGC scheme. In the above circumstances, following those Division Bench decisions, these writ petitions are dismissed. However, in respect of other matters relating to the UGC scheme, the claims of the petitioners are left open to the agitated before the Government. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2