Kerala High Court
Joby George vs The Chancellor Of Universities on 5 February, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:10303
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 5TH DAY OF FEBRUARY 2025 / 16TH MAGHA, 1946
WP(C) NO. 5078 OF 2023
PETITIONER:
JOBY GEORGE
AGED 55 YEARS
S/O GEORGE, FINANCE OFFICER,
KERALA UNIVERSITY OF - FISHERIES AND OCEAN STUDIES,
PANANGAD P 0, KOCHI, ERNAKULUM,
RESIDING AT PUNNASSERY HOUSE, YORDHANAPURAM P 0,
ERNAKULUM DISTRICT, PIN - 683574
BY ADVS.
R.REJI KUMAR
P.R.JAYAKRISHNAN(J-92)
P.SHAIJAN JOSEPH(K/524/1996)
RESPONDENTS:
1 THE CHANCELLOR OF UNIVERSITIES
RAJ BHAVAN, VELLAYAMBALAM, JAWAHAR NAGAR,
THIRUVANANTHAPURAM, PIN - 695099
2 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO FINANCE,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
3 THE UNIVERSITY GOVERNING COUNCIL
THE KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES,
PANANGAD P 0, KOCHI, REPRESENTED BY ITS VICE
CHANCELLOR, PIN - 682506
2025:KER:10303
W.P.(C) No.5078/2023
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4 THE REGISTRAR
THE KERALA UNIVERSITY OF FISHERIES AND OCEAN
STUDIES, PANANGAD P 0, KOCHI, PIN - 682506
BY ADVS.
S.PRASANTH
SATHEESH N
S.GOPAKUMARAN NAIR (SR.)(K/258/1973)
SRI. P.K. BABU, SPECIAL GOVERNMENT PLEADER
(FINANCE)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.5078/2023
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N. NAGARESH, J.
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W.P.(C) No.5078 of 2023
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Dated this the 5th day of February, 2025
JUDGMENT
~~~~~~~~~ Whether the petitioner is entitled to continue till the age of 60 years in the services of the Kerala University of Fisheries and Ocean Studies, is the question arising for consideration in this writ petition.
2. The petitioner states that following the pattern adopted by the Government of India, the State of Kerala issued Ext.P1 GO dated 07.01.2013 implementing National Pension System to its employees with effect from 01.04.2013. Ext.P1 GO was implemented in the services under the Kerala University of Fisheries and Ocean Studies (KUFOS), by Notification dated 10.10.2013. Consequently, all employees 2025:KER:10303 W.P.(C) No.5078/2023 :4: of KUFOS joined National Pension System.
3. The petitioner initially worked as Finance Manager in the Kerala State Bamboo Corporation where the age of superannuation was 58 years. While working in the Corporation, the petitioner was selected and appointed as Finance Officer on a permanent basis in the KUFOS, where he joined duty on 24.02.2014. In KUFOS, 10% of the salary of the petitioner is being deducted and remitted towards National Pension System.
4. The petitioner states that the age of superannuation in KUFOS as per the Kerala University of Fisheries and Ocean Studies Act, 2010 and its First Statutes, is 55 years. This was subsequently enhanced to 56 years. As per Statute 29 of the First Statutes, Finance Officer is eligible for pension, insurance, PF and other benefits as may be prescribed by the Government. The petitioner would submit that the normal age of retirement of the petitioner is on 31.03.2027 under Rule 60(a) and Rule 60(af) of Part I KSR. As per the amended 2025:KER:10303 W.P.(C) No.5078/2023 :5: Rule, the retirement of employees who were appointed on or after 01.04.2013 is at the age of 60 years.
5. The Kerala University of Fisheries and Ocean Studies Act limits the age and tenure prescribed for appointment of statutory officers as 56 years or on completion of four years, whichever is earlier. The petitioner submits that the said amendment made in the year 2019 has no retrospective operation and the vested right of the petitioner to continue up to the age of superannuation cannot be taken away.
6. The petitioner's request for retirement at the age of 60 years was considered by the University Governing Council. The Council, as per Ext.P5, decided not to permit the request of the petitioner to continue till he attains the age of 60 years. The petitioner is challenging Ext.P5 decision.
7. According to the petitioner, as per Ext.P1 National Pension System, the 1st respondent has enhanced the superannuation age to 60. The respondents are therefore 2025:KER:10303 W.P.(C) No.5078/2023 :6: legally bound to permit the petitioner to continue as Finance Officer till the age of 60. In Ext.P5, the University Governing Council has not considered the eligibility of the petitioner to continue till the age of 60 years.
8. The PFRDA Act mandates that the normal exit from the NPS is on attaining 60 years of age. As per Rule 60(af) of Part I KSR also, the age of retirement is 60 years. When the State of Kerala and the KUFOS adopted the National Pension System, the respondents are bound to permit the petitioner to continue in service till the age of 60 years.
9. The 2nd respondent filed a counter affidavit. The 2nd respondent stated that in Ext.R2(a) Notification inviting applications for appointment to the post of Finance Officer, it was clearly stated the Finance Officer shall continue in service till he attains the age of 55 years. In the appointment order issued to the petitioner, it was stated that he shall be governed by the service conditions as stipulated in KUFOS Statutes. The Finance Officer is not delegated the power of 2025:KER:10303 W.P.(C) No.5078/2023 :7: releasing NPS contribution. He is not vested with the power of paying matching contribution of the employer-University. The petitioner has sanctioned NPS contribution of himself and that of the employer without obtaining permission from the Controlling Officer. The writ petition is therefore liable to be dismissed.
10. Respondents 3 and 4 filed counter affidavit. Respondents 3 and 4 submitted that in Ext.R4(a) Notification inviting application for appointment as Finance Officer, it was clearly stated that the Finance Officer shall continue in service till he attains the age of 55 years. Ext.R4(b) appointment order issued to the petitioner also indicated that he shall be governed by the service conditions as stipulated in KUFOS Statutes. The contention of the petitioner that he is eligible to continue till the age of 60 years, is contrary to the provisions of the University Act and Statutes as also the condition specified in the appointment order. The writ petition is therefore liable to be rejected.
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11. I have heard the learned counsel for the petitioner, the learned Standing Counsel representing the 1 st respondent, the learned Special Government Pleader appearing for the 2 nd respondent and the learned counsel appearing for respondents 3 and 4.
12. The argument of the petitioner is that he has been enrolled in the National Pension System and therefore as per the provisions contained in the NPS, he is entitled to continue till the age of 60 years as the System prescribes 60 years as the age of retirement. In this regard, it is to be noted that the petitioner has been appointed as Finance Officer pursuant to a selection conducted as per Ext.P6 Notification dated 12.12.2013. In Ext.P6 Notification, it has been clearly stipulated that the Finance Officer shall continue in service till he attains the age of 55 years.
13. In Ext.R4(b) appointment order issued to the petitioner, it was made clear that the Finance Officer shall continue in service till he attains the age of 55 years and that 2025:KER:10303 W.P.(C) No.5078/2023 :9: he shall be governed by the service conditions as stipulated in KUFOS Statutes. It is the specific case of respondents 3 and 4 that the petitioner had not approached the Governing Council nor the Vice Chancellor of the University seeking permission to subscribe to the National Pension System.
14. Ext.R4(c) is the request made by the petitioner seeking to declare his probation. Ext.R4(c) would indicate that the petitioner was aware of the fact that he shall continue in service only till he attains the age of 55 years. Section 50(7) of Chapter VI of KUFOS Act provides that the normal retirement age of officers of the University other than the Chancellor, the Pro Chancellor, the Vice Chancellor and those specified in sub-section (6), i.e., the Deans, Director of Research, Director of Extension and Teachers, shall be 55 years. Section 27 of Chapter VII of the KUFOS First Statute provides that the Finance Officer shall continue in service till he attains the age of 55 years. Subsequently, the Government has enhanced the age of superannuation to 56 2025:KER:10303 W.P.(C) No.5078/2023 : 10 : years.
15. In the afore circumstances, the petitioner can aspire to continue in service as Finance Officer only till the attainment of 56 years of age. The mere fact that the petitioner has enrolled in the National Pension System will not entitle him to continue up to the age of 60 years. This will be especially so since the petitioner had neither approached the University Governing Council nor the Vice Chancellor seeking permission to subscribe to National Pension System. Even the remittance of employer's contribution towards NPS account of the petitioner is questionable as the contributions were made without obtaining permission of the University.
For all the afore reasons, I find that the writ petition filed by the petitioner is without any merit. The writ petition is therefore dismissed.
Sd/-
N. NAGARESH, JUDGE aks/05.02.2025 2025:KER:10303 W.P.(C) No.5078/2023 : 11 : APPENDIX OF WP(C) 5078/2023 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE G.O(P) NO.20/2013/FIN DATED 07.01.2013 ISSUED BY THE 2ND RESPONDENT.
Exhibit P2 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 13.11.2014 .
Exhibit P3 TRUE COPY OF THE REQUEST DATED 9.12.2022OF THE PETITIONER BEFORE THE VICE CHANCELLOR(IC).
Exhibit P4 TRUE COPY OF THE REQUEST DATED 6.2.2023 OF THE PETITIONER BEFORE THE 1 ST RESPONDENT.
Exhibit P5 TRUE COPY OF THE AGENDA AS ITEM NO.1747 RETIREMENT OF FINANCE OFFICER IN THE WAKE OF KUFOS AMENDMENT ACT.
RESPONDENT'S EXHIBITS Exhibit R4-A True copy of the notification No.GA5/7568/2013 dated 12-12-2013 Exhibit R4-B True copy of the appointment order No.GA2/959/2014 dated 19-12-2014 Exhibit R4-C True copy of the request of the petitioner dated 27-05 2015 for declaration of probation and regularization of service Exhibit R4-D True copy of the Gazette Notification Vol. II, No. 3273 on 21-11-2013 2025:KER:10303 W.P.(C) No.5078/2023 : 12 : PETITIONER'S EXHIBITS Exhibit P.6 TRUE COPY OF NOTIFICATION DATED 12-12- 2013 ISSUED BY RESPONDENT UNIVERSITY Exhibit P.7 TRUE COPY OF GO DATED 08-04-2014 ISSUED BY ADDITIONAL CHIEF SECRETARY (FINANCE), GOVERNMENT OF KERALA Exhibit P.8 TRUE COPY OF SUBSCRIBER MASTER REPORT ISSUED BY THE NSDL, THE CENTRAL RECORD KEEPING AGENCY Exhibit P.9 TRUE COPY OF RELEVANT PAGES OF THE AMENDED PROVISIONS IN KSR PART I NOTIFIED BY FINANCE DEPARTMENT, GOVERNMENT OF KERALA Exhibit P.10 TRUE COPY OF RELEVANT PAGES OF FIRST STATUTE OF RESPONDENT UNIVERSITY Exhibit P.11 TRUE COPY OF RELEVANT PAGES OF NOTIFICATION DATED 26-02-2021 ISSUED BY THE GOVERNOR, STATE OF KERALA Exhibit P.12 THE TRUE COPY OF JUDGMENT DATED 29-7- 2020 OP (KAT) NO.227/2020 OF THE HON'BLE HIGH COURT OF KERALA IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P.12.
RESPONDENT'S EXHIBITS Exhibit R4(E) True copy of the request of the petitioner dated 05-04-2019 Exhibit R4(F) True copy of the order dated 29-01- 2016approved by the Finance Officer 2025:KER:10303 W.P.(C) No.5078/2023 : 13 : Exhibit R4(G) True copy of the Note File containing Paragraph No 29 to 31 Exhibit R4(H) True copy of G O(P) No. 516/2014/Fin dated 24-11-2014 PETITIONER EXHIBITS Exhibit P.13 TRUE COPY OF NOTIFICATION DATED 01-07- 2023 ISSUED BY 4TH RESPONDENT Exhibit P.14 TRUE COPY OF PETITIONER'S NPS SUBSCRIPTION REGISTRATION FORM DATED 28-07-2015 ISSUED BY THE RESPONDENT UNIVERSITY UNDER RTI ACT Exhibit P.15 TRUE COPY OF LETTER DATED 19-08-2023 ISSUED BY THE PUBLIC INFORMATION OFFICER (FINANCE) OF THE RESPONDENT UNIVERSITY Exhibit P.16 TRUE COPY OF NOTE DATED 24-07-2014 SIGNED BY THE SECTION OFFICER/ FINANCE OFFICER OF THE RESPONDENT UNIVERSITY AND ISSUED UNDER THE RTI ACT Exhibit P.17 TRUE COPY OF NOTES IN RELEVANT PAGES OF THE FILE NO. FIN5/3571/12 & FIN 5/265/15 OF THE RESPONDENT UNIVERSITY ISSUED BY THE PUBLIC INFORMATION OFFICER (FINANCE) UNDER THE RTI ACT Exhibit P.18 TRUE COPY OF THE PETITIONER'S APPLICATION FORM DATED 31-12-2013 FOR THE POST OF FINANCE OFFICER SUBMITTED BEFORE THE RESPONDENT UNIVERSITY BY THE PETITIONER Exhibit P.19 TRUE COPY OF THE ARGUMENTS NOTE DATED 22-09-2023 OF THE COUNSEL FOR THE PETITIONER 2025:KER:10303 W.P.(C) No.5078/2023 : 14 : RESPONDENT EXHIBITS Exhibit R2(e) True copy of the extract of the minutes of the session of the Governing Council Exhibit R2(a) True copy of the notification no.
GA5/7568/2013 dated 12-12-2013 Exhibit R2(b) True copy of the appointment order No. GA2/959/2014(ii) dated 19-02-2014 Exhibit R2(d) True copy of the request of the petitioner dated 27-05-2015 Exhibit R2(f) True copy of the extract of the minutes of the90th meeting of the University Governing Council Exhibit R2(c) True copy of the order dated 29-01- 2016 approved by the Finance Officer