SOMARAJAN Vs. PRINCIPAL S D COLLEGE

JUDGEMENT

(1.) The question involved in this case is whether the petitioner, a Professor in the Department of Zoology, Sanatana Dharma College, is entitled to continue in service till the end of the academic year 1991-92 in which he attains the age of superannuation. While the petitioner contends that by virtue of the provision contained under R.60(c) of Part I of Kerala Service Rules, he need retire from service only by the end of the academic year 91-92. The respondents would take the position that he cannot continue in service beyond 30-6-91 by applying the provisions contained in Note 8 to R.60.

(2.) The petitioner's date of birth is entered in his S.S.L.C. book as 18-11-1111 (Malayalam Era). In his service book his date of birth is shown in Malayalam Era as 18-11-1111 and in Christian Era as 1-7-1936. The petitioner submits that going by his date of birth in Malayalam Era, he will be attaining the age of 55 on 18-11-1166 (M.E.), the corresponding date in Christian Era being 2-7-1991. On the above basis, the contention put forward is that he would come squarly within the provision of R.60(c). The above claim put forward by the petitioner was rejected by the 3rd respondent under Ext. P11 order dated 18-6-91. For a proper appreciation of the contentions raised by both sides, it is necessary to refer to certain portions of R.60 and the Notes thereunder. The relevant portion of R.60(c) reads as follows:

(3.) Sub clause (c) of R.60 is applicable to the teaching staff of all the educational institutions. The provisions contained in Note 6 is applicable only to officers who entered service prior to 1st January, 1950. In their case, if the date of birth is noted in Malayalam Era in the service records, the date of superannuation has to be found out by calculating the age in the Malayalam Era itself. The provisions contained in Note 6 is further clarified in Note 10 to the effect that where the date of superannuation is calculated in Malayalam Era in accordance with Note 6, the corresponding date in English Era shall be taken into consideration for arriving at the last day of the month. The provisions contained in Note 6 read with Note 10 are not applicable in the case of the petitioner for the simple reason that he had not entered service prior to 1st January, 1950. On the other hand, Note 8 is directly applicable to the petitioner. According to the provisions of Note 8, a teacher whose date of birth is 1st July 1936 and who attains the age of 55 years is not entitled to continue in service till the end of academic year. Admittedly the date of birth of the petitioner according to the Christian Era is 1st July, 1936. If that be so, he attains the age of 55 on 30th July, 1991 by applying the provisions contained in Note 7.