K.A.ABDUL GAFOOR, K.HEMA
Cochin University of Science & Technology, Represented by its Registrar – Appellant
Versus
Joseph James – Respondent
Abdul Gafoor, J.
The point raised in this appeal by the Cochin University of Science and Technology is in a narrow compass – as to whether the first respondent/writ petitioner, who was the Deputy Director of Physical Education and Head or Department in the appellant University, now redesignated as the Director and Head of Department, is occupying a “teacher post” so as to enable him to continue in service until the age of 60 years, which is prescribed as the superannuation age, for the members of teaching staff. The learned single Judge, relying on the decision reported in P.S. Ramamohana Rao v. A.P. Agricultural University (AIR 1997 SC 3443) and considering the duties enjoined on the first respondent/petitioner came to the conclusion that he is occupying a teaching post and therefore, entitled to the benefit of continuance until 60 years of age and accordingly Ext.P10 issued to the contrary was quashed.
2. Assailing this finding, it is contended by the University that the petitioner was appointed as a Physical Education Officer initially. There is no department of Physical Education in the University. He has never been assigned and work of imparting lessons or instructio
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