TMI Blog1992 (7) TMI 344X X X X Extracts X X X X X X X X Extracts X X X X ..... be prematurely retired before the completion of his tenure? In other words whether the service law concept of premature retirement in public interest is applicable to a tenure post filled by way of direct recruitment. 4. Dr. L.P. Agarwal entered the service of the AIIMS as a Professor of Ophthalmology on February 23, 1959 at the age of 37 years. He was appointed Dean of the AIIMS on November 19, 1977 being the senior-most member of the staff. He was also appointed Chief Organiser of Dr. Rajendra Prasad Eye center in the AIIMS. The post of the Director of the AIIMS fell vacant in November, 1978 and nominations of suitable candidates-were invited from all the Vice-Chancellors of the Indian Universities and also from Institutions of Medical Education and Medical Research country. The Special Selection Committee met on February 7, 1979 and recommended the name of Dr. L.P. Agarwal for appointment as Director. The recommendation was accepted by the Institute-Body and was approved by the Government of India. The then President of the AIIMS, thereupon issued the memorandum dated April 6, 1979 appointing Dr. L.P. Agarwal as Director of the AIIMS with effect from February 18, 1979, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hereunder: RESOLUTION 2 The Institute resolves, in the public interest, to retire Dr. L.P. Agarwal, Director, All India Institute of Medical Sciences, New Delhi, with immediate effect, by giving him three months' pay and allowances, in lieu of notice. 7. Dr. L.P. Agarwal challenged the above quoted resolution of the Institute-Body by way of a writ petition under Article 226 of the Constitution of India before Delhi High Court on several grounds. On the basis of the rival contentions of the parties, the High Court formulated the following points for its consideration: 1. Who was the appointing authority of the petitioner and in consequence the authority who could compulsorily retire the petitioner when the compulsory retirement is not by way of a penalty imposed after disciplinary action? 2. Whether the prior approval of the Central Government was necessary to compulsorily retire the Director of the Institute. 3. Whether the Director of the Institute and for the matter of that the petitioner could be compulsorily retired under Regulation 30 (3)? Alternatively, whether compulsory retirement is permissible under F.R. 56 (j) read with Regulation 35? If s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... superannuation of the employees of the Institute other than members of the teaching faculty and class IV employees shall be 58 years. Provided that the non-faculty employees may be granted extension of service or re-employment upto the age of 60 years under very special circumstances for reasons to be recorded in writing on the merits of each such case and subject to physical fitness and continued efficiency of the employee concerned. (2) the age of superannuation of the members of the teaching faculty and class IV employees shall be 60 years. Provided that the services of the members of the teaching faculty may be retained upto the age of 62 years in cases of persons who are exceptionally talented for reasons to be recorded in writing on the merits of each such case and subject to physical. fitness and continued efficiency of the person concerned. 3. Notwithstanding anything in sub-regulations (1) and (2), the appointing authority shall, if it is of the opinion that it is in the public interest so to do, have the absolute right to retire any employee of the Institute by giving him notice of not less than three months in writing or three month's pay and allowances in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of superannuation or premature retirement which is alien to a tenure post. 15. The High Court rejected the contention of the appellant on the following reasoning: Though the Director's post is mentioned as a tenure post in the amended schedule to the recruitment rules relied upon (and at this stage we make no comment as to whether the said rules are statutory), the petitioner's appointment itself was for a period of 5 years or the date when he attains the age of 62 years, whichever is earlier.... In our view, reading the order of appointment of the petitioner the concept of superannuation is to be clearly found to be existing. The order of appointment does not state that the petitioner was being appointed Director for a period of 5 years or on a tenure of 5 years. The tenure mentioned in the appointment order is 5 years or attainment of the age of 62 years, whichever is earlier. The age of 62 years mentioned in the appointment order is obviously in consequence of the proviso to Regulation 30(2) which permits the normal age of superannuation to the extended from 60 years to 62 years for members of the teaching faculty in cases of persons who are exceptionally talente ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the appellant mentions that he is appointed for a period of five years or till he attains the age of 62 years , the appointment ceases to be to a tenure-post. Even an outsider (not an existing employee of the AIIMS) can be selected and appointed to the post of Director. Can such person be retired prematurely curtailing his tenure of five years? Obviously not. The appointment of the appellant was on a Five Years Tenure but it could be curtailed in the event of his attaining the age of 62 years before completing the said tenure. The High Court failed to appreciate the simple alphabet of the service jurisprudence. The High Court's reasoning is against the clear and unambiguous language of the Recruitment Rules. The said rules provide Tenure for five years inclusive of one year probation and the post is to be filled by direct recruitment . Tenure means a term during which an office is held. It is a condition of holding the office. Once a person is appointed to a tenure post, his appointment to the said office begins when he joins and it comes to an end on the completion of the tenure unless curtailed on justifiable grounds. Such a person does not superannuate, he only goes o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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