Judgment :

GANGULY, J.

1. The Respondent No. 1 Shri Raja Ram Verma was appointed to the post of Assistant Registrar at Indian Institute of Technology, Kanpur (hereinafter I.I.T.) on 11.11.1983. As per Statute 13 of I.I.T., the respondent was due to retire on 31.08.2000 on attaining the age of 60 years. His case before us is that he should have been allowed to continue upto the age of 62 years.

2. I.I.T. Kanpur is a body incorporated under the Institutes of Technology Act, 1961 (hereinafter `the Act'). Section 27 of the Act provides for framing of first Statutes by the I.I.T. Such statutes are to deal with matters mentioned in Section 26. Section 26 (g) provides for framing of statutes relating to terms and conditions of service of teachers and other staff of the I.I.T. Section 31 of the Act provides for the establishment of Council which is a central body. Under Section 33 of the Act the general duty of the Council is to coordinate the activities of the Institute and under Section 33(2)(b) one of the general duties of the Council is to lay down the policies regarding cadres, method of recruitment and conditions of service of employees amongst other things of common interest.

3. Statute 11 classifies the employees under three categories. They are (a) academic, (b) technical and (c) administrative. Respondent No. 1 who was appointed as an Assistant Registrar falls under the third category.

4. Generally, the statute 13 (2) framed under the Act prescribes the age of superannuation of a confirmed appointee. Initially the statute provided for 60 years as the age of superannuation for all the staff members. By an amendment on 23.06.1989 however, a sub-statute 3 was added making some changes. The said amendment runs as follows:

"(3)Subject to the provisions of the Act and the Statutes, all the new appointments to posts on revised salary scales adopted with effect from 1st January 1986 under the Institutie shall ordinarily be made on probation for a period of one year after which period the appointee, if confirmed, shall continue to hold office, subject to the provisions of the Act and the Statutes as follows:

(a) Teaching Staff (faculty and Group `D' Staff): Till the end of the month in which he attains the age of 60 years

(b) Group A, B and C staff (non faculty): Till the end of the month in which he attains the age of 58 years.

5. This amendment did not affect the Respondent No. 1 as it was applicable for those who were appointed w.e.f. 01.01.1986.

6. Thereafter, by an office order issued by the Registrar's office, I.I.T. Kanpur, dated 14.07.1998, the age of retirement was increased from 58 to 60 years with effect from 30.05.1998. This was done in respect of members of Groups A, B and C (non faculty) who had been appointed on or after 23.06.1989.

7. On 27.07.1998, the Ministry of Human Resource Development addressed to the Secretary, University Grants Commission, and forwarded to the Vice Chancellors of all Central Universities, Member Secretary, All India Council for Technical Education and Secretary of the Indian Council for Agricultural Research, providing therein that the age of superannuation of University and College teachers would be 62 years with the liberty reserved to the Universities and Colleges to re-employ superannuated teachers within the existing guidelines framed by the U.G.C.

8. The respondent No.1 claims his entitlement to continue till 62 years of age on the basis of this communication.

9. Another communication was issued on 31st August, 1998 by the Department of Education, Ministry of H.R.D. to the Director of the I.I.T. with regard to increase in the age of superannuation of academic staff including personnel of Registry, Library and Physical Education. Thereupon, the appellant sought clarification from the Ministry about the term "Personnel of Registry, Library and Physical Education Staff."

10. The case of the appellant is that it got a telephonic communication from the Ministry on or about 14th October