Petitioners challenged an order enhancing retirement age to 65 years. The court dismissed the petition without prejudice as the issue was already pending before the Supreme Court by an aggrieved party.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
FRIDAY, THE 28TH DAY OF SEPTEMBER 2012/6TH ASWINA 1934
WP(C).No. 21629 of 2012 (C)
PETITIONERS:
1. S. JUSTIN MANOHAR RAJ, AGED 56 YEARS S/O.J.SAMUEL RAJ, "KARUNALAYAM" T.C.XI/1139-1 (NCRA-86), Y.M.R. JUNCTION NANTHENCODE, THIRUVANANTHAPURAM - 3.
2. N.SASIDHARAN NAIR, AGED 56 YEARS SREERAGAM, KUNNUKARA P.O., PIN - 683 578 ALUVA.
3. DR.IGNATIOUS KORAH, ANITHOTTAM HOUSE, MARKET ROAD, PALA - 686 575.
4. RANGANATHAN K.C., KUMBALATHU PARAMBIL, THURUTHIPPURAM MOOTHAKUNNAM P.O., ERNAKULAM - 683 516.
5. K.S.VENUGOPALAN, KARANCHERY MADOM, SRINGAPURAM KODUNGALLUR - 680 664.
6. C.V.BABU,
7. MANORANJAN M.J., MARATH HOUSE, EDAMUTTAM P.O.,
THRISSUR DISTRICT
8. DR.RAJENDRAN NAIR, KOCHUTHARAYIL, KNDALLOOR SOUTH,
PULLUKULANGARA, KAYUMKULAM.
9. RAJAN K.JOHN,, AGED 56 YEARS KANNELA VEEDU, ANNANKUNNU, KOTTAYAM - 1
10. MATHEWS C., AGED 55 YEARS S/O.M.M.CHANDY, EDAMURICKEL HOUSE OLAKETTIAMBALAM P.O., MAVELIKKARA TALUK ALAPPUZHA DISTRICT, KERALA STATE.
WP(C).No. 21629 of 2012 (C)
11. JAMES K.PHILIP,, AGED 56 YEARS D4 A IIIM J.P.NAGAR, RSPO., THIRUVALLA - 689 111.
12. DR.C.S.PAULOSE,
13. DR.MARYKTTY ZACHARIAS, W/O.M.M.ABRAHAM, MAPPILAKUNNEL HOUSE, POOVARANY P.O., PALA, KOTTAYAM - 686 577.
BY ADV. SRI.B.RENJITHKUMAR
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY HUMAN RESOURCE DEVELOPMENT MINISTRY NEW DELHI - 110 002.
2. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY,
THIRUVANANTHAPURAM.
3. THE SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT OF KERALA ,THIRUVANANTHAPURAM - 695 001.
4. UNIVERSITY GRANTS COMMISSION, REPRESENTED BY ITS SECRETARY, BAHAR SHAH ZAFAR MARG NEW DELHI - 110 002.
5. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KOTTAYAM - 656 001.
6. KERALA UNIVERSITY, REPRESENTED BY ITS REGISTRAR THIRUVANANTHAPURAM - 695 001.
7. CALICUT UNIVERSITY, REPRESENTED BY ITS REGISTRAR, THENJIPALAM MALAPPURAM - 676 555.
R1 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG UNION OF INDIA R2 & R3 BY GOVERNMENT PLEADER, SMT. M.J. RAJASREE
R5 BY ADV. SRI.VARUGHESE M.EASO, SC, M.G. UNIVERSITY R5 BY ADV. SRI.VIVEK VARGHESE P.J., SC, M.G. UNIVERSITY R6 BY ADV. SRI.GEORGE POONTHOTTAM,SC,KERALA UNIVERSITY. R7 BY SRI.SANTHOSH MATHEW,SC,CALICUTY UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BP
WP(C).No. 21629 of 2012 (C)
APPENDIX
PETITIONER'S EXHIBITS :
EXHIBIT P1. TRUE COPY OF ORDER G.O.(P) NO.392/2010/H.EDN.DT.10.12.2010.
RESPONDENT'S EXHIBITS : NIL.
//TRUE COPY //
P.A. TO JUDGE
BP
P.R.RAMACHANDRA MENON, J.
W.P.(C) NO.21629 of 2012 (C)
Dated this the 28th day of September, 2012
JUDGMENT
The petitioners have approached this Court with the following prayers :
iv) to allow the costs.
It is conceded by the petitioners themselves that the issue
stands squarely covered against the petitioners by virtue of the decision rendered by this Court and that the same has been taken up by the aggrieved party before the Apex Court, where it is pending. In the said circumstance, this Court finds it difficult to extend any relief to the petitioners. The writ petition is
2
W.P.(C) NO.21629 of 2012(C)
dismissed, however without prejudice to the rights and liberties of the petitioners to approach this Court, if the issue pending before the Apex Court happens to be decided in favour of the persons like the petitioners, providing enhancement of the retirement age to 65, as declred by the UGC.
sd/- P.R.RAMACHANDRA MENON, JUDGE
AMV
2 issues framed by the court
Whether the petitioners are entitled to relief given a pending Supreme Court appeal covering the same issue.
Whether the retirement age of 65 years applicable to petitioners can be enforced while an Apex Court appeal is pending.
S. Justin Manohar Raj and others
Union of India
State of Kerala
Secretary, Department of Higher Education
University Grants Commission
Mahatma Gandhi University
P.R.Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
