An assistant director is not entitled for age of retirement of 60 years as applicable to teacher in Kerala University; SC.

Supreme Court of India

Justice Ashok Bhushan & Justice M.R. Shah

The SC on April 08, 2020 {P. GOPINATHAN PILLAI v. UNIVERSITY OF KERALA & ORS.} held that the appellant having never been appointed as Teacher he is not covered by the definition of Teacher of the University. Hence, not entitled for relief i.e. age of retirement at 60 years.

It was held that the Centre is not a College within the meaning of Section 2(7) of Kerala University Act, 1974 since as per the pleadings of the University, Centre is neither maintained nor affiliated to the University. It was also held that there are no materials on record also to indicate that the Centre is an institution recognised by the University within the meaning of Section 2(19) of Kerala University Act, 1974. It was held that the Centre is being run as a Centre under the administrative control of the University. It was further held that the definition of Teacher of University in Section 2(28) of Kerala University Act, 1974 also refers to a person employed as Teacher in any institution maintained by the University. It was held that the High Court in the impugned judgment has correctly held that the appellant was never employed as Teacher hence he is not covered by Section 2(28). It was also held that from the pleadings on the record and the materials which are brought on the record it is apparent that the appellant is not covered by definition of Teacher or the Teacher of the University under Section 2(27) and 2(28) of the Kerala University Act, 1974. It was held that when the appellant does not fulfil the requirement of definition of Teacher or Teacher of University, he cannot claim applicability of Statute 10 of Chapter 3 of the Statutes.

The only point to be determined in this appeal before the SC was as to whether the appellant working as Assistant Director in CACEE was entitled to continue till 60 years of age which was the age of retirement of Teacher of the Kerala University or he was to retire at the age of 56 years. The appellant was working as Assistant Director in the Centre for Adult Continuing Education and Extension ( in short 'CACEE'). 

The appeal before the SC had been filed by the appellant for quashing the judgment of Kerala High Court by which Writ Petition filed by the appellant claiming to continue in service till he attains the age of 60 years had been dismissed. The appeal was dismissed by the SC and the judgment of DB of the HC was sustained.