JUDGMENT

KULDIP SINGH, J.:- Dr. L. P. Agarwal was appointed as Director, All India Institute of Medical Sciences, New Delhi (AIIM S) with effect from February 18, 1979. The appointment order dated April 6, 1979 stated that he was appointed as Director "for a period of five years, or till he attains the age of 62 years, whichever is earlier". He was confirmed in the said post with effect from February 19, 1980. By an order dated November 24, 1980 he was retired from service, in the public interest, with immediate effect, by giving him three months pay and allowances, in lieu of notice.

2. The Recruitment Rules governing the post of Director provide direct recruitment as the only method of recruitment to the said post. The post of Director, under the Rules, is a tenure post for five years inclusive of one year probation.

3. The question for our consideration is whether the incumbent of the post of Director, AIIMS can be prematurely retired before the completion of his tenure? In other words whether the service law concept of mature 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 Centre 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 in the 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 date from which he was officiating as Director. The said memorandum reads as under:

"All India Institute of Medical Sciences

Ansari Nagar

New Delhi-1 100 16.

6th April, 1979

Subject: Appointment of Director and Professor of Ophthalmology of AIIMS, New Delhi.

MEMORANDUM

With the approval of the Central Government as conveyed by its letter No. V. 16012/ 38/78-ME (PG) dated 4-4-1979, Dr. L. P. Agarwal, Chief Organiser & Professor of Ophthalmology, Dr. R. P. Centre for Ophthalmic Sciences, New Delhi, is hereby appointed as Director & Professor of Ophthalmology, All India Institute of Medical Sciences, New Delhi, with effect from 18-2-1979, for a period of five vears, or till he attains the age of 62 years, whichever is earlier.

He will be paid remuneration at the rate of Rs. 3,500/ - per month (fixed) with effect from the date aforesaid mentioned.

Sd/ -Dr. M. M. S. Sidhu

President

All India Institute of Medical Sciences,

Ansari Nagar, New Delhi-29".

5. According to Dr. Agarwal he was congratulated by the Institute-Body and also by the President of the AIIMS for doing effective and efficient work during the period of probation. He earned excellent report for the year 1979-80. He was confirmed in the post of the Director of the AIIMS with effect from February 19, 1980 by a resolution of the Institute-Body passed in the meeting held on February 14, 1980. The confirmation order dated February 15, 1980 reads as under:-

"Dr. M. M. S. Sidhu, M.P.

President

All India Institute of Medical Sciences,

Ansari Nagar, New Delhi-16.

15th February, 1980.

MEMORANDUM

Subject : Confirmation of Prof. L.P. Agarwal, Director, AIIMS, New Delhi.

On satisfaction completion of usual probationary period, the institute at their meeting held on 14th February, 1980 has approved the confirmation of Dr. L P Agrawal in the post of Director of the All India Institute of Medical Sciences, w.e.f. 19