Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Kerala University Act 1974 Centre for Adult Continuing Education and Extension (CACEE) Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Kerala University Act, 1974 (17 of 1974) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Kerala University Act, 1974 – s.2(2), (7), (19), (27) and (28) – Appellant was appointed as Project Officer in Centre for Adult Continuing Education and Extension (CACEE) – Appointment was accorded sanction by University of Kerala – University implemented the University Grants Commission (UGC) scale of pay to the CACEE staff – Appellant was also given the UGC pay scale – Appellant promoted as Assistant Director in the CACEE – UGC revised the scale of pay of the CACEE at par i.e. Director, Assistant Director and Project Officer corresponding to the pay scale of Associate Professor, Assistant Professor, Reader, Lecturer – Writ Petition filed by appellant claiming that he is a teacher of the University within the meaning of the 1974 Act and that he is entitled to continue in service upto the age of 60 years and cannot be retired at the age of 56 years – Dismissed – Held: CACEE is not a College within the meaning of s.2(7) since as per the pleadings of the University, it is neither maintained nor affiliated to the University – No material to indicate that it is an institution recognised by the University within the meaning of s.2(19) – CACEE is not maintained by the University and is a self-financing Centre – Appellant not covered by definition of teacher or the teacher of the University u/ss.2(27) & 2(28) – When the appellant does not fulfil the requirement of definition of teacher or teacher of University, he cannot claim applicability of Statute 10 of Chapter 3 of 1977 Statutes – Further, even if it is assumed that the appellant is imparting instruction in different courses in CACEE that itself cannot make the appellant a teacher within the meaning of s.2(27) & 2(28) – Appellant having never been appointed as teacher is not covered by the definition of teacher of the University – Kerala University First Statutes, 1977 – Statute 2 (f); Chapter 3- Statute 10 – Kerala University First Ordinances, 1978 – Chapter XVII – Service Law. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2020 INSC 333 |
Petitioner | P. Gopinathan Pillai |
Respondent | University Of Kerala & Ors. |
SCR | [2020] 4 S.C.R. 239 |
Judgement Date | 2020-04-08 |
Case Number | 1641 |
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