WALTER ALEXANDER Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) This appeal is filed against the judgment of the learned Single Judge, who declined to accept the Appellant's claim that he being a member of teaching staff of the Respondent University is entitled to continue in service till the age of 60 years.

(2.) We have heard Senior counsel Shri N.N. Sugunapalan, appearing for the appellant, and learned Standing Counsel for the Kerala University.

(3.) Even though the prayer is for a declaration that the Appellant is entitled to continue in service till the age of 60 years, as a matter of fact, the Appellant retired 10 years back at the age of 55 as Scientific Officer from the University of Kerala, and as of now he is more than 65 years old. The Appellant's case is that as a Technical Assistant initially and thereafter as a Scientific Officer he was guiding and instructing students, and so much so he answers the definition of "teacher" as defined under Section 2(27) of the Kerala University Act, 1974, which status entitles him to continue in service up to 60 years. The definition clause of "teacher" is as follows: