AJAYAKUMAR K.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are aggrieved by Ext.P2 order in O.A.320/2015 of the Kerala Administrative Tribunal ('KAT' for short), dismissing the same. The petitioners had approached the KAT claiming that they were entitled to continue in service up to the age of 60 years as they were non -medical teachers working in the medical college under the the second respondent.

(2.) The petitioners are persons who had entered service as Technicians Gr.II Radiology under the second respondent. The said post was later on redesignated as Radiographer Gr.II. Later on they were promoted to the post of Radiographer Gr.I. On completion of 23 years of service, they were granted the second time bound grade. In 2014, they were promoted as Radiographer (teaching) as set out in Annexure A2. As per Annexure A2, they had to conduct theory classes and impart practical training in Radiography and Dark Room Techniques, demonstration, record maintenance, project works etc to Radiological technology students. They have also to conduct theory and practical classes for DRT students in modern equipments like MRI scan, CT scan etc.

(3.) As per Annexure A5 Government Order dated 14.1.2010 the Government enhanced the retirement age of doctors in the medical cadre under the medical education service to 60 years from the existing 55 years. Thereafter, by successive Government Orders evidenced herein by Annexures A7, A8, A9 and A10, the benefit of enhancement in the retirement age was extended to the teachers of Homeopathic Medical Colleges, Ayurvedic Medical Colleges, the teaching faculties of nursing colleges, pharmacy teachers and by Annexure A9, the retirement age of non -medical teachers in Government Medical Colleges under the medical education services was also enhanced to 60 years. Since the retirement age of non -medical teachers was enhanced to 60 years, a claim was made that persons who were working as Radiographer (teaching) were also entitled to the benefits thereof. According to them, they were also part of the non - medical teachers of a Government Medical College. They were working under the supervision and control of the Principal of the Government Medical College. In spite of the above, they were not extended the benefit of enhancement in retirement age that was made available to all other teaching staff of medical colleges.