The petitioner, a teacher in IHRD, sought to continue service past age 58 until the end of the academic year. The Court held that without prior government intimation for rule amendments, the executive committee's decision to extend service was invalid.
Petitioner's plea to continue service beyond age 58 was rejected; petition dismissed.
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 A.MUHAMED MUSTAQUE
WEDNESDAY, THE 14TH DAY OF NOVEMBER 2018 / 23RD KARTHIKA, 1940
WP(C).No.28601 of 2018
PETITIONER/S:
V.P. DEVASSIA, AGED 58, S/O DEVASSIA PAILY, ADDITIONAL DIRECTOR AND PRINCIPAL MODEL ENGINEERING COLLEGE, ERNAKULAM, THRIKKAKARA.P.O., KOCHI-682021.
BY ADVS. ELVIN PETER P.J. K.R. GANESH REESHA N R
RESPONDENT/S:
1 STATE OF KERALA, REP BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1.
2 THE SECRETARY,TECHNICAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-1.
4 THE DIRECTOR, THE INSTITUTE OF HUMAN RESOURCES DEVELOPMENT, PRAJO'S TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.
BY ADVS. GOVERNMENT PLEADER, SMT.NISHA BOSE SRI.DEEPU THANKAN, SC, IHRD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 28601 of 2018 2
JUDGMENT
The petitioner is the Additional Director and Principal of the Model Engineering College, established by the Institution of Human Resources Development (IHRD). The age of retirement of teachers in IHRD is 58. The petitioner completed the age of 58 during the academic year 2018-2019. The petitioner wants to continue till the end of the academic year i.e., on 31.3.2019 in the light of the statutory provisions under Part-I Kerala Service Rules (KSR) and also in the light of the decision taken by the executive committee of the IHRD as reflected in Ext.P11.
WP(C).No. 28601 of 2018 3
WP(C).No. 28601 of 2018 4
affairs of the institute with prior intimation to the Government. On a combined reading of Rule XXIII of part B and Paragraph VII (Amendment) of the Byelaws of IHRD, it is clear that any Byelaws or Rules regarding affairs of the institution can be made only after giving prior intimation to the Government. The stand of the Government is that no such intimation was received by the Government. Such being the matter, no amendment could have been come into force even without intimating the Government. It is to be noted that IHRD is having a case that the Government confirmation is required. An intimation is sufficient or actual confirmation is required, is a debatable question on amendment of Rules. Anyhow, I am not entering into the controversy for the simple reason that there is no prior intimation to the Government. Therefore, no rule would have come into effect without following the procedure as such provided under law.
Executive Committee had taken yet another decision in the 97th meeting held on 09.05.2018 to make
WP(C).No. 28601 of 2018 5
retirement at par with teachers in Government Institutions. That is to give effect to the object of Rule 60 of Part-I of KSR. That Executive Committee decision is yet to be placed before the Governing Body. Therefore, it is clear that earlier amendments have not come into force after a decision is taken in this regard. The present decision will come into force only after following the procedure as noted above. That be so, the petitioner cannot continue beyond 58 years. Therefore, the writ petition is only to be dismissed. Accordingly, it is dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
WP(C).No. 28601 of 2018 6
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY 2820/90/HR |
OF THE APPOINTMENT ORDER NO.E- D DATED 12.4.1991. |
|---|---|---|
| EXHIBIT P2 | TRUE COPY 15.4.1996 |
OF THE ORDER NO.E/4076/95/HRD DATED ISSUED BY THE 4TH RESPONDENT. |
| EXHIBIT P3 | TRUE COPY 17.4.2008 |
OF THE ORDER NO.EA2/12613/2006/HRD DATED ISSUED BY THE 4TH RESPONDENT. |
| EXHIBIT P4 | TRUE COPY HRD DATED |
OF APPOINTMENT ORDER NO.EA3/11609/2010 15.10.2010 ISSUED BY THE R4. |
| EXHIBIT P5 | TRUE COPY WITH RELEV REGULATION |
OF G.O.(MS)NO.12/87/HEDL DATED 14.1.1987 ANT COPIES OF MOA, RULES AND S. |
| EXHIBIT P6 | TRUE COPY 10.8.1989. |
OF G.O.(MS)159/89/H.EDN. DATED |
| EXHIBIT P7 | TRUE COPY RULES. |
OF RELEVANT EXTRACT OF CHAPTER OF THE |
| EXHIBIT P8 | TRUE COPY NO.3231/02 |
OF THE GOVERNMENT ORDER /2000/H.E. DATED 3.2.2000. |
| EXHIBIT P9 | TRUE COPY ISSUED TO |
OF GOVERNMENT LETTER DATED 5.6.2000 R4. |
| EXHIBIT P10 | TRUE COPY 28.2.2001. |
OF ORDER NO.E1/5646/95/HRD DATED |
| EXHIBIT P11 | TRUE COPY EXECUTIVE |
OF MINUTES OF THE MEETING OF THE COMMITTEE OF IHRD DATED 6.11.2012. |
| EXHIBIT P12 | TRUE COPY BODY OF IH |
OF AGENDA PLACED BEFORE THE GOVERNMENT RD IN ITS 20TH MEETING. |
| EXHIBIT P13 | TRUE COPY GOVERNING |
OF MINUTES OF THE 20TH MEETING OF THE BODY DATED 17.12.2013. |
| EXHIBIT P14 | TRUE COPY BY THE 4TH |
OF COMMUNICATION DATED 18.6.2018 ISSUED RESPONDENT. |
| EXHIBIT P15 | TRUE COPY 4TH RESPON |
OF ORDER DATED 9.7.2018 ISSUED BY THE DENT. |
WP(C).No. 28601 of 2018 7
RESPONDENTS EXHIBITS:
EXHIBIT R4(A) TRUE COPY OF EXTRACT OF THE MINUTES OF THE 9TH MEETING OF THE EXECUTIVE COMMITTEE OF IHRD DATED 09.05.2018.
//TRUE COPY//
P.A.TO JUDGE
ln
2 issues framed by the court
Whether the petitioner can continue service beyond age 58 until the end of the academic year.
Whether the amendment of IHRD rules to allow service until March 31 was valid without government intimation.
Colour shows how this judgement treated each authority
W.P.(C) No.22901/2018Referred¶19
3 provisions across 2 enactments
V.P. Devassia
State of Kerala
Secretary, Higher Education Department
Institute of Human Resources Development
Director, Institute of Human Resources Development
A. MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
