Kerala High Court
V.S.Kunjumuhammed vs The Kerala University Of ... on 4 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 4TH DAY OF JULY 2022 / 13TH ASHADHA, 1944
WP(C) NO. 93 OF 2022
PETITIONER:
DR. MOHANLAL E.K., ASSISTANT LIBRARIAN, COLLEGE OF
VETERINARY & ANIMAL SCIENCES POOKODE, WYNAD, RESIDING
AT FLAT NO.20, KENDRIYA BHAVAN, M.S.BABURAJ ROAD,
KALLAI P.O., KOZHIKODE - 673 003.
SRI.P.V.JAYACHANDRAN
SRI.VENU MENON
RESPONDENTS:
1 THE BOARD OF MANAGEMENT
KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY,
POOKODE WYNAD, REPRESENTED BY ITS VICE CHANCELLOR.
2 THE REGISTRAR, KERALA VETERINARY AND ANIMAL SCIENCES
UNIVERSITY, POOKODE, WYNAD.
3 THE DEAN, KERALA VETERINARY AND ANIMAL SCIENCES
UNIVERSITY, POOKODE, WYNAD.
SRI.RAVI KRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.07.2022, ALONG WITH WP(C).7525/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 93 OF 2022 & con.case
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 4TH DAY OF JULY 2022 / 13TH ASHADHA, 1944
WP(C) NO. 7525 OF 2022
PETITIONER:
V.S.KUNJUMUHAMMED, S/O. LATE V.A.SULIMAN,
ASSISTANT LIBRARIAN, CENTRAL LIBRARY, KERALA
UNIVERSITY OF FISHERIES AND OCEAN STUDIES,
PANANGAD P.O., KOCHI, ERNAKULAM, RESIDING AT
VELLEKATTU HOUSE, CHELAKULAM, VENGOLA P. O.,
PERUMBAVOOR, ERNAKULAM - 683556.
SRI.P.V.JAYACHANDRAN
SRI.VENU MENON
RESPONDENTS:
1 THE KERALA UNIVERSITY OF FISHERIES AND OCEAN
STUDIES, PANANGAD P. O., KOCHI - 682506,
REPRESENTED BY ITS REGISTRAR.
2 THE UNIVERSITY GOVERNING COUNCIL
THE KERALA UNIVERSITY OF FISHERIES AND OCEAN
STUDIES , PANANGAD P. O., KOCHI - 682506,
REPRESENTED BY ITS VICE CHANCELLOR.
3 THE REGISTRAR, THE KERALA UNIVERSITY OF
FISHERIES AND OCEAN STUDIES , PANANGAD P. O.,
KOCHI - 682506.
SRI.N.SATHEESH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.07.2022, ALONG WITH WP(C).93/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 93 OF 2022 & con.case
3
JUDGMENT
[WP(C) Nos.93/2022, 7525/2022]
The petitioners in these two cases are stated to be
working as Assistant Librarians; the first among them in the
Kerala University of Fisheries and Ocean Studies and the other
in the Kerala Veterinary and Animal Sciences University. They
assert that they are entitled to be continued in service until the
age of 60, as in the case of "teachers", on the strength of the
judgment of a learned Division Bench of this Court in
W.A.No.1895/2016, a copy of which is on record as Ext.P9 in
W.P.(C) No.93/2022 and as Ext.P7 in W.P.(C) No.7525/2022.
2. However, the afore submissions of Sri.P.V.Jayachandran
- learned counsel for the petitioners in both cases, were
controverted by Sri.N.Satheesh - learned standing counsel for
the Kerala University of Fisheries and Ocean Studies and by
Sri.Ravikrishnan - learned standing counsel for the Kerala
Veterinary and Animal Sciences University, arguing that the
aforementioned judgment in W.A.No.1895/2016 has no
application as far as the petitioners in these cases are
concerned because the definition of the word "teacher" in the
said judgment which related to the Kerala Agricultural
WP(C) NO. 93 OF 2022 & con.case
University, is completely different and distinct from the ones
appearing in the respective Statutes under which the two
Universities herein were created. They submitted that,
therefore, the petitioners cannot rely on the judgment of this
Court in W.A.No.1895/2016 to claim that they should be
allowed to continue in the services of the respective
Universities until the age of 60, when, admittedly, the
retirement age of Assistant Librarians is only 56 years as per
the University Statutes.
3. Even when I hear the learned standing counsel for the
Universities on the afore lines, the fact remains that it is
virtually conceded that the petitioners had been entrusted to
take classes - albeit for shorter durations - to aid certain
Sections of students. There is nothing on record, either in the
counter affidavit filed by the Kerala University of Fisheries and
Ocean Studies or by the Kerala Veterinary and Animal
Sciences University, explaining how the petitioners were
allowed to take classes, if they would not come within the
ambit of the definition of the word "teacher" in their
respective Statutes. This is crucial because, in
W.A.No.1895/2016, a Division Bench, certainly considered the
definition of the word "teacher" in the Kerala Agricultural
WP(C) NO. 93 OF 2022 & con.case
University and found that when persons like the petitioners
therein were authorised to take classes, they should also be
construed to be so.
4. Of course, the benefit of the judgment in
W.A.No.1895/2016 would inure to the petitioners either if the
Statutes of the respective Universities involved in these cases
have pari materia definition, or if they were authorised by the
said Statutes to take classes. Therefore, the fact that the
petitioners were asked to take classes would certainly require
the University to answer their claims, which this Court cannot
do at the first instance, particularly when the provisions of law
and the factual circumstances are not still clear.
5. I am, therefore, of the firm view that the Universities
in these cases must consider the claims of the petitioners and
decide on their request for enhancement of retirement age on
par with "teachers", taking note of the fact that they were
asked to take instructions/classes for students under valid
orders/instructions.
6. Resultantly, I allow these writ petitions to the limited
extent of directing the competent Authorities of the two
Universities to hear the petitioners and take a decision on
their claim with respect to their retirement age, adverting to
WP(C) NO. 93 OF 2022 & con.case
the judgment of this Court in W.A.No.1895/2016; thus
culminating in an appropriate order thereon, as expeditiously
as is possible, but not later than three months from the date of
receipt of a copy of this judgment.
Needless to say, until such time as the afore exercise is
completed and the resultant order communicated to the
petitioners, the interim orders earlier granted by this Court, to
the effect that the petitioner in W.P.(C) No.7525/2022 will
continue in service; while the retirement of the petitioner in
W.P.(C) No.93/2022 being subject to orders of this Court; will
remain in force.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 93 OF 2022 & con.case
APPENDIX OF WP(C) 7525/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF KERALA
UNIVERSITY OF FISHERIES AND OCEAN STUDIES
ACT 2011.
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE 1ST
STATUTE IN RESPECT OF LIBRARIANS.
Exhibit P3 TRUE COPY OF COMMUNICATION NO.F.1-9/96(PS)
DATED 8.6.1998
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF NEW AND
RESTRUCTURED POST GRADUATE CURRICULA AND
SYLLABI 2009.
Exhibit P5 TRUE COPY OF THE ORDER NO.ACAD1/2789/12
DATED 23.08.2012 ISSUED BY THE 1ST
RESPONDENT.
Exhibit P6 TRUE COPY OF THE CERTIFICATE DATED
8.11.2013 ISSUED BY THE PRO VICE
CHANCELLOR OF 1ST RESPONDENT.
Exhibit P7 TRUE COPY OF THE COMMON JUDGMENT IN WA
NO.1895, 1907, 1950 OF 2016 DATED
13.04.2018.
Exhibit P8 TRUE COPY OF THE CERTIFICATE
NO.ACAD(3)/1120/2020 DAED 04.07.2020
ISSUED BY THE 3RD RESPONDENT.
Exhibit P9 TRUE COPY OF THE INTERIM ORDER DATED
12.01.2022 IN WP(C) NO.703/2022(K).
Exhibit P10 TRUE COPY OF THE REQUEST DATED 28.02.2022
BY THE PETITIONER TO THE 3RD RESPONDENT
WP(C) NO. 93 OF 2022 & con.case
APPENDIX OF WP(C) 93/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF PROCEEDING NO.GA/B/2773/2012
DATED 15/11/2012.
Exhibit P2 TRUE COPY OF THE CIRCULAR NO.ACAD/(2)
1355/2011 DATED 5/6/2013.
Exhibit P3 TRUE COPY OF SUBMISSION
COVAS/PKT/ACAD/2341/2016 DATED 31/8/2016.
Exhibit P4 TRUE COPY OF THE PROCEEDING
NO.KVASU/COVAS/ESST(I), 2611 (1) 2012
DATED 20/10/2017.
Exhibit P5 TRUE COPY OF THE CIRCULAR
NO.KVASU/PKT/ACAD/2341/17 DATED
23/10/2017.
Exhibit P6 TRUE COPY OF THE CIRCULAR
CVAS/PKT/ACAD/31339/2019 DATED 27/8/2019.
Exhibit P7 TRUE COPY OF THE CIRCULAR CVAS/PKT/ACAD.
31260/2020 DATED 21/12/2020.
Exhibit P8 TRUE COPY OF THE CERTIFICATE
NO.KASE/COVAS/PKD/ESTT(1) 2611(1)/2012
DATED 8/9/2021.
Exhibit P9 TRUE COPY OF THE COMMON JUDGMENT IN WA
NO.1895, 1907, 1905 OF 2016 DATED
13/04/2018.
Exhibit P10 TRUE COPY OF THE A REQUEST DATED
3/11/2021.
Exhibit P11 TRUE COPY OF THE COMMUNICATION
NO.KVASU/GA/A1/12180/2020(II) DATED
28/12/2021 WITH ENGLISH TRANSLATION.
