Dr.Sebastian Mathew vs State Of Kerala
2021 Latest Caselaw 4658 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE AMIT RAWAL

     TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                       WP(C).No.16078 OF 2015(H)


PETITIONER/S:

      1         DR.SEBASTIAN MATHEW, MSC .PhD HEAD, RESEARCH CENTRE
                AND DEPARTMENT OF PHYSICS,
                K.E.COLLEGE MANNANAM P.O.,PIN-686 561.

      2         DR.BABU JOSEPHS
                S/O.P.D.JOSEPH
                ASSOCIATE PROFESSOR
                DEPARTMENT OF CHEMISTRY,ST.THOMAS COLLEGE,THRISSUR.

      3         T.R.BARAYANANKUTTY, S/O.T.N.RAMANEZHUTHACHAN
                PRINCIPAL, SRI.C.ACHUTHAMENON,GOVT.COLLEGE,THRISSUR.

      4         FEROSE P.S.SO.SREEDHARAN P.R.ASSOCIATE PROFESSOR
                S.N.COLLEGE,NATTIKA,THRISSUR.

      5         DR.C.RAJASEKHARAN PILLAI
                ASSOCIATE PROFESSOR
                DEPARTMENT OF ECONOMICS
                GOVT.COLLEGE,ATTINGAL,TRIVANDRUM,KERALA.

      6         DR.M.L.PREMA
                PRINCIPAL IN CHARGE
                GOVT. COLELGE
                ATTINGAL,TRIVANDRUM,KERALA.

                BY ADVS.
                SRI.TOM JOSE
                SMT.GEETHA JOB(OZHUKAYIL)
                SRI.N.G.VIKRAMAN NAIR

RESPONDENT/S:

      1         STATE OF KERALA, BY ITS CHIEF SECRETARY
                GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.

      2         THE SECRETARY TO THE GOVERNMENT OF KERALA
                DEPARTMENT OF HIGHER EDUCATION,THIRUVANANTHAPURAM-695
                001.
 WP.C No.16078 of 2015

                                 2

       3       THE PRINCIPAL SECRETARY (FINANCE)
               GOVERNMENT OF KERALA
               GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001.

       4       THE ADDITIONAL SECRETARY
               (PENSION) FINANCE DEPARTMENT
               GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.


OTHER PRESENT:

               SRI B HARISH KUMAR GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                            JUDGMENT

Dated this the 9th day of February 2021

Counsel for the respondents submits that the grievance of

the petitioners seeking uniform date of retirement for

Associate Professor's working in the State department as per

the UGC norms has already been settled by the decision of this

Court dated 11.8.2014 rendered in W.P.(C) No.8759 of 2014

(Kerala Training College Teachers' Association and others v.

State of Kerala and others) whereby this Court did not accept

the request of the petitioners for enhancing the age of teachers

of colleges to 60 years/59 years. This matter is also squarely

covered by the aforementioned judgment. Accordingly, the

writ petition is dismissed in terms of the judgment rendered in

W.P.(C) No.8759 of 2014.

Sd/-

AMIT RAWAL

sab JUDGE WP.C No.16078 of 2015

APPENDIX OF WP(C) 16078/2015 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 EXHIBIT-P1-TRUE COPY OF THE COMMUNICATION FROM THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM ISSUED TO THE IST PETITIONER DATED 07/03/2015 SHOWING HIS RETIREMENT AS 31/05/2015.

EXHIBIT P2 EXHIBIT-P2(A)-TRUE COPY OF THE PAY CERTIFICATE OF THE PETITIONER.

EXHIBIT P3 EXHIBIT-P2(B)-TRUE COPY OF THE BIODATA OF THE 3RD PETITIONER.

EXHIBIT P4 EXHIBIT-P2(C)-TRUE COPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER.

EXHIBIT P5 EXHIBIT-P2(D)-TRUE COPY OF THE SERVICE CERTIFICATE OF THE 5TH PETITIONER.

EXHIBIT P6 EXHIBIT-P2(E)-TRUE COPY OF THE SERVICE CERTIFICATE OF THE 6TH PETITIONER.

EXHIBIT P7 EXHIBIT-P3-TRUE COPY OF THE G.O(P) 170/12/FIN. DATED 22/03/2012.

EXHIBIT P8 EXHIBIT-P4-TRUE COPY OF THE U.G.C.

REGULATIONS 1998 ISSUED TO THE VICE CHANCELLOR OF ALL UNIVERSITIES, EDUCATION SERETARIES OF ALL STATES/UNION TERRITORIES DATED 24/12/1998.

EXHIBIT P9 EXHIBIT-P5-TRUE COPY OF THE G.O(P) 20/2013/FIN. DATED 17/01/2013.

EXHIBIT P10 EXHIBIT-P6-TRUE COPY OF THE UGC MODEL GUIDELINES FOR RE-EMPLOYMENT OF SUPERANNUATED TEACHERS.

EXHIBIT P11 EXHIBIT-P7-TRUE COPY OF G.O(MS) 745/2014/H.EDN.DATED 29/08/2014.

EXHIBIT P12 EXHIBIT-P8-TRUE COPY OF THE REPRESENTATION PREFERRED BY THE IST PETITIONER DATED 22/05/2015 BEFORE THE RESPONDENTS.

WP.C No.16078 of 2015

EXHIBIT P13 EXHIBIT-P9(A)-TRUE COPY OF THE REPRESENTATION PREFERRED BY THE 2ND PETITIONER DATED 28/05/2015 BEFORE THE RESPONDENTS.

EXHIBIT P14 EXHIBIT-P9(B)-TRUE COPY OF THE REPRESENTATION PREFERRED BY THE 3RD PETITIONER DATED 28/05/2015 BEFORE THE RESPONDENTS.

EXHIBIT P15 EXHIBIT-P9(C)-TRUE COPY OF THE REPRESENTATION PREFERRED BY THE 3RD PETITIONER DATED 28/05/2015 BEFORE THE RESPONDENTS.

EXHIBIT P16 EXHIBIT-P10-TRUE COPY OF G.O(MS) 8/2014/H&FWD DATED 04/01/2014.

EXHIBIT P17 EXHIBIT-P11-TRUE COPY OF THE NEWSPAPER REPORT DATED 23/05/2015 PUBLISHED IN THE NEW INDIAN EXPRESS.

EXHIBIT P18 EXHIBIT-P12-TRUE COPY OF THE INTERIM ORDER IN W.P(C) 15701/2015.