DR.P.GOPINATHAN PILLAI Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) The question raised in this writ petition is whether an Assistant Director working in the Centre of Adult, Continuing Education and Extension (CACEE) is a teacher of the University eligible to continue in service till he attains 60 years. When the writ petition came up for consideration before a learned single Judge, noticing a conflict between the judgments in W.A.1099/88, which was relied on in Vasudevan Nair v. Vice Chancellor [1997 (1) KLT 243], and in W.A.180/92, learned Judge referred the matter to be heard by a Division Bench. It is accordingly that this case has come up for consideration before us.

(2.) In so far as the judgment in W.A.1099/88 relied on in Vasudevan Nair (supra) and the judgment in W.A.180/92 are concerned, we have examined whether there is any conflict as perceived by the learned single Judge. On such examination, it is seen that the judgment in W.A.180/92, produced as Ext.P10 in the writ petition, relates to the continuance of the Director, CACEE. The writ petition filed by the Director was dismissed on the ground that the petitioner therein did not assert that he was holding a teaching post. Therefore, the learned Single Judge held that he can continue only till the age of 55 years. This judgment was rendered relying on the judgment of this Court in W.A.No.1099/88.

(3.) In W.A.No.180/92 filed by the Director, CACEE, the Division Bench found that the Pro -Vice Chancellor issued a certificate, Annexure IX, wherein it was stated that the the Director, CACEE was teaching students of Post Master's Diploma in Adult Education and Continuing Education. Division Bench also found that W.A.No.1099/88 was decided on the facts of that case; and that in the case of the Director, sufficient materials were available to show that he was holding the post of teacher and therefore, it was held that he could continue till he attains the age of 60 years. Reference has also been made to the judgment of the Apex Court in P.S.Ramamohana Rao V. A.P.Agricultural University (AIR 1997 SC 3433), in which, it was held that the Director of Physical Education in Andhra Pradesh Agricultural University came under the definition of 'Teacher' and was entitled to continue in service till 60 years.