ABRAHAM VARKEY Vs. KERALA AGRL UNIVERSITY

JUDGEMENT

(1.) Petitioner is working as Associate Professor in the Department of Surgery, College of Veterinary and Animal Sciences under the Kerala Agricultural University. He got promotion as Associate Professor on 5-11-1982. According to him, in view of the stagnation of Associate Professors in that cadre due to lack of promotional opportunity to the next cadre University had a scheme whereby Associate Professors are promoted as Professors on assessment of their performance. As such in all departments under the first respondent Associate Professors who have put in a minimum of 22 years of service have been promoted as Professors. In the normal course of events petitioner, it is claimed, would have been promoted as Professor under this scheme in the year 1984. However his case was not considered because of the interpretation given by the University to the Kerala Agricultural University Statutes (Professors, Associate Professors and Assistant Professors) regarding the required minimum length of service of promotion. Representation made in this behalf was not entertained. By circular dated 9-1-90 the University clarified that those employees whose services have been transferred permanently from Government to the University and absorbed by the University shall be considered eligible to apply for upgradation, if their respective total services including their services transferred from the department satisfies the prescribed minimum. Petitioner made an application to the second respondent for upgradation of his post on assessment of eligibility. First respondent did not take any action for upgradation. The University informed the petitioner that his request for upgradation cannot be considered due to the implementation of the U.G.C. scheme. As the said scheme stipulates that no promotions such as on assessment, norms and non cadre promotions shall be effected from the date of U.G.C. order, petitioner has been directed to apply afresh as and when called for.

(2.) Petitioner completes the age of 55 on 18-3-1991. He will have to retire from service on 31-3-91. It is contended that the amended provision of S.42 enables him to continue till the age of 60 years. On this basis he has prayed for the issuance of a declaration that the age of retirement for University teachers in all cadres of Professors including associate professors is 60 and as such petitioner is entitled to continue in service till he attains the age of 60 years.

(3.) A copy of this petition was served on the standing counsel representing the Kerala Agricultural University. He was also heard.