K.A.ABDUL GAFOOR, K.K.DENESAN
K. N. Sivasankara Kaimal – Appellant
Versus
The University of Calicut – Respondent
Abdul Gafoor, J.
An interesting question arises in these appeals-, whether coaches appointed by the University for different games and athletics are "teacher of the University" as defined in Section 2(28) of the Calicut University Act. It the answer is in the affirmative, necessarily, they can continue in service until they attain the age of 60 years. On the other hand, if the answer is in the negative, they being members of non-teaching staff, have to retire on superannuation on completion of the age of 55 years going by the provisions contained in the first statues. The learned single Judge answered this question in the negative and dismissed the writ petitions. So these appeals.
2. All the appellants except that in W.A.No.2174/99 had retired from service. They continued until the age of 60 years on the strength of interim orders passed in the respective original petitions. The appellant in W.A.No.2174/99 is still continuing in service, though he had crossed the age of 55 years on the strength of the interim order passed in that case. The original appellant in WA.No.2689/99 is no more. The retrial benefits have to be calculated based on the findings as to whether he was
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