JUDGMENT : KURIAN, J. 1. Delay condoned. Leave granted. 2. According to the first respondent, he has been working as a Physical Instructor. Being thus in a teaching post, he is entitled to continue up to 62 years like other teachers. The High Court held in favour of the first respondent and thus, aggrieved, the appellant – University is before this Court. 3. Having regard to the peculiar facts of this case, we are inclined to hold that the respondent should be permitted to continue upto the age of 62 years. Ordered accordingly. 4. The appellants are granted a period of two weeks to implement this order. Needless to say, the contempt proceedings will stand recalled. Accordingly, the writ appeal now pending in the High Court has become infructuous and is accordingly, dismissed. 5. In view of the above, the appeal is disposed of, however, leaving the question of law is kept open. 6. Needless to say that the impugned Judgment shall not be treated as a precedent.