STATE OF KERALA Vs. M. SRINIVASAN

JUDGEMENT

(1.) The appeal is filed by the State of Kerala and the Director of College Education against the Judgment in O. P. No. 6205/1984 holding that Statute 16 of Chap.3 of the Calicut University First Statutes and the corresponding provision in the Kerala University First Statutes in respect of pension are ultra vires of Art.1.4 of the Constitution of India. Respondents 1 to 14 and petitioners in the other O.Ps. are retired Principals or Professors or Lecturers of various private colleges in the State. They entered service in the various private colleges during the period from 1946 to 1952 and retired from service during the period 1975 to 1982 at the age of 60. Only with effect from 1st September 1972 the private college teachers came under the direct payment system and their scales of pay were revised from time to time and were brought on par with the scale of pay applicable to Government College teachers.

(2.) The Calicut University Act, 1975 (hereinafter referred to as the Act) came into force with effect from 4th September 1974. According to S.60, notwithstanding anything contained in any law or in any contract or any other document, the conditions of service of teachers of any private colleges, whether appointed before or after the commencement of the Act, including conditions relating to pay, pension, provident fund, gratuity, insurance and age of retirement, shall be such as may be prescribed by the Statutes. S.73 of the Act provides the University to make provisions for the benefit of its teachers under its control in matters of insurance, pension and provident fund. But that would be subject to the previous approval of the Government. S.82 of the Act provides for making of the First Statutes of the University. In exercise of this power the Government made the First Statutes in respect of pension, provident fund, gratuity, insurance and age of retirement of teachers of private colleges with effect from 1st April 1976. Statute 3 of Chapter I of the First Statutes states that the age of compulsory retirement on superannuation shall be 55 years. Statute 4 deals with the age of superannuation, etc. of the, teachers who have entered service prior to 1st April 1958. The said statute provides that the teachers who have entered service prior to 1st April 1958 shall have the right to retire at the age of sixty and be governed by the provisions of Chap.3 or to opt for the provisions contained in Chap.2. Sub clause (2) of Statute 4 of Chapter I provides for making of an option in the prescribed form within the prescribed period. Sub clause (3) provides that the option once exercised shall be final. Sub clause (4) states that the teachers who have not exercised any option within the prescribed period shall be deemed to have opted to be governed by the provisions contained in Chap.2. Sub clause (5) also provides that a teacher who opts for retirement at the age of 60 may, at any time before his completing the age of 55, report to retire at the age of 55.

(3.) Chap.2 of the first Statutes which deals with the teachers who retire at the age of 55 years provides for pensionary benefits like family pension, death cum retirement gratuity and other conditions for the grant of benefits, similar to the categories of teachers in Government colleges. Sub clause (2) of Statute 5 provides that for the teachers who have entered service on or after 1st April 1958, their service only upto the age of 55 years shall be counted for pension and gratuity.