UNIVERSITY OF CALICUT Vs. C. RAJENDRAN

JUDGEMENT

(1.) The University of Calicut, the Vice Chancellor and the Registrar are the appellants challenging the judgment in W.P.C. 9391 of 2021 dtd. 22/11/2021 allowing the Writ Petition filed by the respondents and directing the appellants to disburse the salary for the periods they worked attained the age of superannuation till the end of the academic year.

(2.) The brief facts necessary for disposing the above appeal are as follows: The respondents, the writ petitioners were Professors in the University who attained the age of superannuation on 12/11/2012, 1/12/2012, 1/10/2012 and 4/10/2012 respectively. The petitioners continued beyond the age of superannuation namely 60 years till 31-3- 2013, the end of the academic year, which according to them, was permitted by the university. The Calicut University Statute stipulates retirement at the age of 60 and whether a teacher can continue till the end of the academic year is no longer res integra, as a Division Bench of this Court in Writ Appeal 617 of 2010, categorically held that the teachers cannot continue beyond the age of 60. We have also held so in our judgment in Writ Appeal No. 170/2022 dtd. 29/3/2022. Thus, there cannot be any dispute as to the entitlement of the petitioners to continue beyond the age of superannuation or for seeking any benefit on continuance after that.

(3.) The University had issued Ext. P6 series in the year 2013 and 2014 objecting to the payment of salary and benefits to be granted to the petitioners for the period they worked after they attained the age of superannuation. The Writ Petitioners challenged the said action of the university of the years 2013, 2014 in 2018 by filing W.P.C. 26685/2018 which was withdrawn with liberty to challenge Ext. P4 (a) series of the years 2013 and 2014 and accordingly, the present writ petition was filed in the year 2021.