SADASIVA PANICKER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was a Joint Secretary to Government or Kerala, Food Department. On 1st June 1971, while he was so working he was appointed as a member of the Appellate Tribunal constituted under sub-s.(1) of S.59 A of the Kerala University Act (shortly stated the Act). S.59 A is as follows:

(2.) On 2nd January 1973 the petitioner attained the age of superannuation, " namely 55 years. Therefore he ceased to be an officer of the Government. By the impugned decision in this case Ext. P-5, the Government of Kerala decided that the petitioner is not entitled to continue as a member of the Kerala University Appellate Tribunal after he ceased to be a Joint Secretary by superannuation. The Government's view is that under S.59A sub-s.(2) clause (c) means that either a person who is holding the post of Joint Secretary or a higher post or a person who was holding such post could be appointed as a member. If the person appointed in the capacity of an officer who is a Joint Secretary or holding a higher post, he ceases to be member of the Appellate Tribunal as soon as he ceases to be a Government servant. According to them, though a person who has been a Joint Secretary can also be a member of the Tribunal, that can only be when he is appointed in that capacity. Clause (c), it is said does not enable an officer in service, appointed as a member, to continue after superannuation without a free appointment in the capacity of a person who was such an officer.

(3.) The petitioner has filed this writ petition challenging this Government order as well as a subsequent order refusing to reconsider the earlier order and seeking to quash it, for a writ of mandamus directing the respondents to allow the petitioner to function as member of the Kerala University Appellate Tribunal and consequential relief. According to the petitioner he is entitled to continue for three years from the date of his nomination.