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1992 Supreme(SC) 264

M. H. KANIA, S. MOHAN
T. P. George – Appellant
Versus
State Of Kerala – Respondent


Advocates:
A.G.PRASAD, E.M.S.ANAM, G.VISHVANATHA IYER, Govind K.Bharathan, K.K.VENUGOPAL, M.M.KASHYAP, P.S.POTI, R.F.NARIMAN, Sudhir Gopi, T.G.NARAYANAN NAIR, T.T.KUNHIKANNAN, V.Jayaprasad

(1) SPECIAL leave granted.

(2) HEARD learned counsel for the parties.

(3) WE are in agreement with the observations of the division bench of the Kerala High court in Writ Appeal No. 223 of 1991 quoted in the impugned judgment which run as follows :

"THOUGH Clause 26 of the scheme provides that the age of superannuation for teachers should be 60 years, and the scheme contemplates certain improvements in providing for assistance in that behalf, it is not a scheme which is statutorily binding either on the State government or the different Universities functioning under the relevant statutes in the State of Kerala. What the State government has done by its order dated 13/03/1990 is to implement the UGC Scheme including revision of scales of pay in relation to teachers in Universities including Kerala Agricultural University, affiliated colleges, Law Colleges, Engineering Colleges and qualified Librarians and qualified Physical Education Teachers with effect from 1/01/1986, subject however to the express condition that insofar as the age of retirement is concerned, the f present fixation of 55 years shall continue. The contention of the appellant is that the



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