LAWS(KER)-2017-2-91

AISHA Vs. STATE OF KERALA

Decided On February 23, 2017
AISHA Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The issue which arises in this case is whether a Lecturer (Non-UGC) is not a 'teacher' in the University and whether she is not entitled to continue till the age of 60, which is the retirement age of teachers of the University, as provided in Sec. 31 (3) of the Sree Sankaracharya University of Sanskrit Act, 1994 ('the Act' for short).

(2.) The petitioner, who is a Lecturer in Mohiniyattam in Sree Sankaracharya University of Sanskrit (hereinafter referred to as The University' for short), is aggrieved by the decision of the Syndicate on item No.22 in its 156th meeting held on 10.11.2016 whereby the retirement age of Lecturers (Non UGC) was fixed as 56 years. Ext.P8 is a consequential order passed by the University on the basis of the said decision.

(3.) The petitioner commenced her service in the University as a Tutor on appointment as per Ext.P1 order dated 09.12.1997. On the basis of the decision taken by the Syndicate on 17.6.2011, the University, as per Ext.P3 order dated 26.02011, re-designated the tutors including the petitioner as Lecturers (Non- UGC) in the scale of pay of Rs. 6675-10550 with effect from the date of their joining. The petitioner was accordingly re-designated as Lecturer (Non-UGC) in Mohiniyattam with effect from 10.12.1997.