Judgment :- 1. Short question that arises for consideration in this Original Petition is whether petitioner who is discharging the duties as Instructor in Fisheries Technical High School, is entitled to continue in service till the last day of the month in which the academic year ends or is he to retire on superannuation on the day of the month in which he attains the age of 55 years. 2. Petitioner joined the erstwhile Transport Department of the State as Mechanic on 1-8-1955. He was transferred to the Fisheries Department as Mechanic with effect from 1-8-1956. Ever since that date he is a member of the staff of the Fisheries Department. By order No.D.D is.19508/56/DD. dated 26-7-1956 a post of Mechanical Instructor was created in the Fisheries Training Centre at Cochin and petitioner was posted as Mechanical Instructor. He continued as Mechanical Instructor till he was promoted as Senior Mechanical Instructor in 1967 and posted in the Staff Training Centre, Ernakulam. He was doing the teaching work in that Centre till 1973. On 9-7-1973 he was transferred to the Fisheries Training Centre, Vizhinjam. Thereafter he was promoted as Foreman and posted in the office of the Deputy Director of Fisheries, Cannanore with effect from 22-9-1973. He was, later, transferred to the office of the Deputy Director of Fisheries, Ernakulam, with effect from 1-6-1976 as Foreman. On 30-10-1981 he was transferred to the Regional Fisheries Technical High School, Thevara, as Senior Mechanical Instructor. He is continuing in that post ever-since that date. According to the petitioner he is a member of the teaching staff of the Fisheries School at Thevara and so he is entitled to continue in service till the last day of the month in which the academic year ends, after completing the age of 55 years. He completed the age of 55 years on 4-8-1989. The academic year 1989-90 ends on 31-3-1990 So he need retire from service on 31-3-90 only as provided by R.60(c) of Part-I K.S.R. Third respondent, the Headmaster of the school took steps to terminate the services of the petitioner with effect from the after noon of the last day of the month in which he attains the age of 55 years viz., 31-8-1989. Hence this Original Petition. 3.
Hence this Original Petition. 3. Neither the State nor the Director of Fisheries thought it proper to file a counter affidavit in this O.P. Third respondent, Headmaster of the school has sworn to an affidavit. According to him, petitioner has never been appointed as a regular High School teacher coming under the Kerala Education Act and the Rules. He has only three hours of duty in a week to work as an Instructor in the Regional Fisheries Technical High School. The post of Foreman and Senior Mechanical Instructor are inter-changeable and so the petitioner is not entitled to the privileges of extension of services given to the teaching staff of Education Department even after his superannuation on completing the age of 55 years. On these basis it was contended that the petitioner is not entitled to any of the reliefs asked for. 4. As per Ruling No.1 to the Note-11 of R.60(c) of Part-I, K.S.R., Fisheries Schools are Educational Institutions. It is common case that Fisheries Technical Schools are imparting coaching to students and have got regular annual vacations. Petitioner is discharging the duties as Instructor in the Regional Fisheries Technical High School. So, he is a member of the teaching staff in an educational institution. Under R.60(c) of Part-I, K.S.R. teaching staff of all educational institutions who complete the age of 55 years during the course of an academic year shall continue in service till the last day of the month in which the academic year ends. This provision does not make any differentiation between the Educational Institutions under the Education Department and Educational Institutions under the control of other Departments. To get the benefit of clause (c) of R.60, one must be a member of the teaching staff of an Educational Institution. Ruling No.1 to Note II makes it clear that Fisheries schools are educational institutions even if they are not under the control of the Education Department. Viewed in this manner, the contentions raised by the third respondent that petitioner, being an Instructor in the Regional Fisheries Technical High School, is not entitled to the benefit of Rule 60(c), since the school is not under the administrative control of the Education Department, has only to be stated to be rejected.
Viewed in this manner, the contentions raised by the third respondent that petitioner, being an Instructor in the Regional Fisheries Technical High School, is not entitled to the benefit of Rule 60(c), since the school is not under the administrative control of the Education Department, has only to be stated to be rejected. Petitioner is a member of the teaching staff of an educational institution coming within the purview of R.60(c) of Part-I, K. S. R. It is not disputed that the Fisheries Technical High School has got regular annual vacation. The academic year 1989-90 of that school ends on 31-3-1990. So, the petitioner, eventhough has completed the age of 55 years on 4-8-1989, is entitled to continue till the last day of the month in which the academic year ends, viz., 31-3-1990. The Original Petition is allowed with the above declaration. Issue photo copy of the judgment to the parties on usual terms. Allowed.