P. RAJENDRAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) Both these writ petitions are filed by the very same petitioners who had been working as Principals in the various Regional Centres of University Institute of Technology run by the University of Kerala. Their grievance is over Ext.P6 order of the University directing that Principals above the age of 62 years shall be relieved.

(2.) All the petitioners were appointed as Principals pursuant to Ext.P2 notification issued on 16.03.2012, by which applications were invited from among qualified hands who were below the age of 64 years as on 01.01.2012. It is stated that they were appointed as per orders similar to Ext.P3 dated 03.07.2013 on contract basis. Though the appointments were for one year, they continued from year to year with artificial breaks in between. Relying on Ext.P5 order issued by the University on 23.06.2017 petitioners claim that the decision of the syndicate even in 2017 was to continue the Principals like them in the self financing institutions under the University, till they attained the age of 65 years. Whileso, the University issued Ext.P6 order on 09.10.2019 directing to relieve those Principals who crossed the age of 62 years. The petitioners claim that the age limit fixed for appointment in Ext.P2 notification issued in 2012, based on which they submitted applications was 64 and that the retirement age of the Principals of such self financing institutions was fixed as 65 years in Ext.P1 order. They claim that they are entitled to continue upto the age of 65 on the basis of Ext.P1 order issued by the University which was prevailing at the time when they were appointed. It is also their case that there was no fresh selection after their appointments in the year 2013 and thereafter.

(3.) Petitioners claim that the artificial breaks in between are liable to be ignored as they continued right from 2013. It is also their case that they joined the respective posts with the legitimate expectation that they would be able to continue till the age of 65 years in institutions which are near to their home town.