H C MALLAIAH Vs. BANGLORE UNIVERSITY

JUDGEMENT

(1.) THE present writ petition is a classical example of what anomalies can occur, if law is applied without examining the facts.

(2.) THE petitioners claim to be working as instructors in the department of mechanical engineering, University Visvesvaraya college of Engineering - second respondent herein - and who are to retire on attaining the age of 58 years and the university has informed them accordingly in terms of the notification dated 27. 11. 2006 (Annexure-H) indicating that the petitioners 1 and 2 will retire on 30. 6. 2007 and 31. 7. 2007 respectively.

(3.) IT is this notification that is questioned in this writ petition, inter alia, contending that the petitioners have been working as instructors, they are also teachers; that they may be treated on par with teachers who retired on attaing the age of 60 years and therefore informing them that they will be retiring on the dates mentioned in the notification dated 27-11-2006 is bad in law and a writ of certiorari may be issued quashing the said notification in so far as the petitioners are concerned and the university be directed to continue the petitioners in service till they attain the age of 60 years.