P. GOPINATHAN PILLAI Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) This appeal has been filed by the appellant for quashing the judgment of Kerala High Court dated 08.07.2016 by which Writ Petition (C)No.12179 of 2016 filed by the appellant claiming to continue in service till he attains the age of 60 years has been dismissed.

(2.) The brief facts of the case for deciding this appeal are: The appellant was appointed as Project Officer in the Centre for Adult Continuing Education and Extension (hereinafter referred to as "CACEE"). The appellant joined at the CACEE with effect from 26.12.1989. By letter dated 01.02.1990 of the Deputy Registrar of the University of Kerala, University accorded sanction to the appointment of the appellant as Project Officer against the post at the CACEE. The University of Kerala has also implemented the University Grants Commission (UGC) scale of pay to the CACEE staff. The appellant was also given the UGC pay scale. The Centre has issued various certificates to the appellant that he has been teaching various courses like the Post Graduate Diploma etc. On 07.12.2012, the appellant was promoted as Assistant Director in the CACEE. The University Grants Commission revised the scale of pay of the CACEE at par i.e. Director, Assistant Director and Project Officer corresponding to the pay scale of Associate Professor, Assistant Professor, Reader, Lecturer. Writ Petition (C) No.12179 of 2016 was filed by the appellant before the High Court of Kerala seeking a declaration that the appellant is a Teacher of the University of Kerala and entitled to continue in service upto the age of 60 years.

(3.) The appellant's case was that he cannot be retired at the age of 56 years. The appellant in his writ petition relied on earlier judgments of the Kerala High Court including judgment delivered by the High Court with regard to the post of Director and Assistant Director of CACEE itself. The appellant also filed certificates issued by the Centre to the appellant that he while working in the Centre has been associated with Teaching Research Extension and other activities. When the writ petition came for consideration before a learned Single Judge, noticing a conflict between two judgments i.e. in (1) W.A. 1099 of 1988 and (2) W.A. 180 of 1992, the learned Single Judge referred the matter to be heard by a Division Bench.