SRINIVASAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Original Petition is filed by 14 retired teachers, who were Principals or Professors in private colleges affiliated to Kerala, Calicut and Gandhiji (Mahatma Gandhi) Universities

(2.) Before the formation of the State of Kerala there were 3 categories of Private College teachers in the geographical area included in the Kerala State. In Travancore State the Colleges were affiliated to the Travancore University. There were no uniform scales of pay and there were no statutory regulations regarding their service conditions. The scales of pay were fixed by the respective managements. In the Cochin State the colleges were affiliated to the Madras University. The Madras University had introduced certain service conditions, which provided for minimum scales of pay for the teachers in the colleges. Their age of retirement was fixed at 60, which could be extended up to 65 by the management with the permission of the University. The private colleges in the erstwhile Malabar were affiliated to the Madras University. The rules introduced by the Madras University were made applicable to the teachers working in that area also. Those colleges were given grant in aid by the then Madras Government and the Government had permitted the teachers to join the teachers' Provident Fund. Accordingly teachers were to contribute 6 1/4% of salary, while managements were to contribute 3 1/8% of salary and Government would pay contribution of 1/3rd of the accumulated Provident Fund at the time of closure of the Provident Fund.

(3.) The State of Travancore and Cochin were integrated in 1950 and Travancore - Cochin State was formed. Subsequently on 1-11-1956 the Kerala State was formed consisting of Travancore Cochin State and Malabar area. By an Act of Kerala Legislature, the University of Travancore was converted into University of Kerala, in 1957. The. variation in the scale of pay and service conditions continued till the Kerala University Syndicate issued ordinances relating to service conditions of teachers-Chapter 57 of the Kerala University Ordinances. Among other things these ordinances provided for the retirement of teachers at the age of 60. In 1958 the Kerala University introduced a common pay structure for the colleges affiliated to the University of Kerala and it was implemented with the aid of University Grants Commission.