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2022 Supreme(Ker) 313

A.K.JAYASANKARAN NAMBIAR, MOHAMMED NIAS C.P.
UNIVERSITY OF CALICUT – Appellant
Versus
C. RAJENDRAN PROFESSOR (RETD) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P.C. SASIDHARAN.
For the Respondents: K.M. GEORGE, K.M. GEORGE.

JUDGMENT :

1. The University of Calicut, the Vice Chancellor and the Registrar are the appellants challenging the judgment in W.P. (C) No. 9391 of 2021 dated 22-11-2021 allowing the Writ Petition filed by the respondents and directing the appellants to disburse the salary for the periods they worked attained the age of superannuation till the end of the academic year.

2. The brief facts necessary for disposing the above appeal are as follows:

    The respondents, the writ petitioners were Professors in the University who attained the age of superannuation on 12-11-2012, 1-12-2012, 1-10-2012 and 4-10-2012 respectively. The petitioners continued beyond the age of superannuation namely 60 years till 31-3- 2013, the end of the academic year, which according to them, was permitted by the university. The Calicut University Statute stipulates retirement at the age of 60 and whether a teacher can continue till the end of the academic year is no longer res integra, as a Division Bench of this Court in Writ Appeal 617 of 2010, categorically held that the teachers cannot continue beyond the age of 60. We have also held so in our judgment in Writ Appeal No. 170/2022 dated 29th March, 2022. Thus, ther

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