K.T.THOMAS, P.SHANMUGAM
State of Kerala – Appellant
Versus
M. Srinivasan – Respondent
P. Shanmugam, J.
1. The appeal is filed by the State of Kerala and the Director of College Education against the Judgment in O. P. No. 6205/1984 holding that Statute 16 of Chap.3 of the Calicut University First Statutes and the corresponding provision in the Kerala University First Statutes in respect of pension are ultra vires of Art.1.4 of the Constitution of India. Respondents 1 to 14 and petitioners in the other O.Ps. are retired Principals or Professors or Lecturers of various private colleges in the State. They entered service in the various private colleges during the period from 1946 to 1952 and retired from service during the period 1975 to 1982 at the age of 60. Only with effect from 1st September 1972 the private college teachers came under the direct payment system and their scales of pay were revised from time to time and were brought on par with the scale of pay applicable to Government College teachers.
2. The Calicut University Act, 1975 (hereinafter referred to as the Act) came into force with effect from 4th September 1974. According to S.60, notwithstanding anything contained in any law or in any contract or any other document, the conditions of service of
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