SUNDARARAJA IYER Vs. STATE

JUDGEMENT

(1.) DURING the period 21st March 1956 to 20th March 1959 the petitioner was a research scholar doing research in Applied Chemistry in the Department of Applied Chemistry of the University.Before that,from 8th June 1953 to 20th March 1956 he was a Lecturer in the S.T.Hindu College,Nagercoil.After his research work he joined service as a Lecturer in the B.C.M.College,Kottayam on 1st June 1959 and continued so till 31st May 1960.On 11th August 1960 he joined the service of Sree Sankara College,Kalady as Professor.In between 31st May 1960 and 11th August 1960 for a short time he was in the service of the S.D.College,Alleppey.Is he entitled to continue till he attains 60 years of age in the service of the college is the question that falls for consideration.

(2.) STATUTE 4(a)in Chapter I of the First Statutes made under the Kerala University Act,1974,reads: "4.Age of superannuation,etc.of the teachers who entered service before 1st April 1958."( a)Teachers of Private Colleges 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 Chapter III or to opt for the provisions contained in Chapter II.Those who have entered service prior to 1st April 1958 and who have completed 55 years on the date of commencement of these statutes but who opt for the age of retirement at 55,shall retire only with effect from the date on which they exercise their option.Those who have entered service on or after 1st April 1958 and completed 55 years at the commencement of these statutes shall retire on 1st April 1976 forenoon."

(3.) CONSTRUING the Note to rule 8 in Chapter XXVII(A)of the Kerala Education Rules,1959,this Court in Elyamma v. District Educational Officer (1965 K.L.T.1185)said as follows: "I do not think that the rule is capable of the interpretation that there should be continuous service.It is not so mentioned in the rule and I see no justification for adding the word 'continuous 'to the rule.The plain meaning of the rule is that those who have been in service before 4th September 1957 are entitled to continue till they attain 60 years of age." Rule 8 with the Note considered there reads: "8.The age of retirement on superannuation shall be 55 years. Note:"In the case of those who were in the service of any aided school prior to 4th September 1957 the age of retirement on superannuation shall be 60 years subject to the condition that the service beyond the age of 55 years shall not qualify for pension and gratuity under these rules."