KOSHY Vs. STATE OF KERALA

JUDGEMENT

(1.) The short question that arises for consideration in this original petition is whether a Professor and Head of the Department of the Kerala Agricultural University who retires on attaining the age of 60 is entitled to continue till the last day of the month in which he completes the age of 60 years or till the last day of the month in which the academic year during which he completes the age of 60 years expires.

(2.) Petitioner is working as Professor and Head of the Department of Agronomy in the college of Agriculture, Vellayani. He attained the age of 60 on 20-10-1989. He has been asked to retire from service on 31-10-1989. According to the petitioner, the said order is illegal and he is entitled to continue till the last day of the month of the academic year 1989-90.

(3.) The argument advanced by the learned counsel is in the following terms: -- S.63 of the Kerala Agricultural University Act authorises the Government to make the first Statutes and the Ordinance of the University. In exercise of that power Government issued the first Statutes in S.R.O. 293/1972 dated 15-6-1972. S.4 of the Statutes provides that conditions of service applicable to the Government servants contained in the Kerala Service Rules and the Kerala State and Subordinate Service Rules should mutatis mutandis be applicable to the University employees. So the retirement of an employee of the University must be governed by R.60 of Part 1 KS.R. R.60(a) provides that an officer should retire on the last day of the month in which he attains the age of 55. This provision has been held by this court in Asst. Educational Officer v. Velayudhan Kurup ( 1980 KLT 790 ) to be not applicable to teaching staff of educational institutions. This court has held that teaching staff of educational institutions are governed by the special provision contained in Clause (c) of R.60 of Part 1 K.S.R. As per that clause, teaching staff of all educational institutions are entitled to continue in service till the last day of the month in which the academic year ends. In this state of affairs petitioner is entitled to continue in service till the last day of the month in which the academic year 1989-90 ends. The order of the University directing the petitioner to retire on 31-10-1989 is illegal and beyond their powers. So petitioner should be allowed to continue in service till 31-3-1990, the last day of the month in which the academic year 1989-90 ends.