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2019 Supreme(Kar) 254

IN THE HIGH COURT OF KARNATAKA
B.V. NAGARATHNA, H.T. NARENDRA PRASAD, JJ.
N. Murugesan - Appellant
Versus
Union Of India, Represented By Its Secretary To Government - Respondent
Writ Appeal No. 1555, 1556 of 2018
Decided On : 26-04-2019

Advocates Appeared:
Shashikantha C., Adv., S.R. Dodawad, Adv., N. Murugesan, Adv.

Headnote:

Constitution of India,1950 - Articles 14, 16 & 21 - Whether appellant could have been appointed for an initial tenure of five years or until further orders, having regard to the fact that his appointment was on the basis of direct recruitment till he attained the age of superannuation - Whether the judgment of the learned Single Judge calls for any interference - What order - Whether Selection Post or Non selection post - Whether benefit of added years of service admissible under Rule 30 of the CCS (Pension Rules) 1972 Age limit for direct recruits - Whether the proposed appointment was in accordance with the prescribed recruitment rules - Secretariat of the Appointments Committee of the Cabinet ("ACC" for the sake of convenience); appointment letter bearing No.3/17/2007-T&R, dated 22nd March, 2010 of the Director of Ministry of Power, New Delhi (Annexure - A) and Advertisement bearing of Central Power Research Institute, Bengaluru ("CPRI" for the sake of convenience) (Annexure - P) by seeking a declaration that he is entitled to continue in the post of Director General - Government of India with the support of UNESCO and United Nations Special Fund having the Director as its head. According to the petitioner, the post of Director of CPRI is equivalent the rank of Joint Secretary in Government of India. CPRI was re-organised as an autonomous Institution and registered under the Societies Registration Act, 1960 having its head quarters at Bangalore. The post of Director General, CPRI, is a permanent post. The CPRI is governed by Memorandum of Association, Rules and Regulations, Bye-laws and Working – Held, we note that in the instant case, the appellant has not been in service with effect from 20th March 2015, the date on which he was relieved, till date. Thus, he has not drawn any pay or allowances for the said period as he has not worked. The appellant would have retired on 31st May 2019 on attaining the age of superannuation if his services had continued. Since, we have restored the services of the appellant, albeit, symbolically, we, nevertheless, deem it just and proper to compensate the appellant monetarily - He shall also be entitled to gratuity and any other terminal benefits to be calculated on the basis of notional reckoning of the salary of the appellant for the period from 22nd March 2010 till 31st May 2019, on which date the appellant shall be deemed to retire from service, including the pay revision and increments as applicable. The respondents are directed to issue the necessary Relieving Order dated 31st May 2019 so as to enable the appellant for all monetary retiral and pensionary benefits as he is deemed to retire on the said date. Same shall be paid to the appellant – Appeals are allowed and disposed of

JUDGMENT :

B.V. Nagarathna, J.

These intra-court appeals are preferred by the petitioner in Writ Petition No.9941 of 2015 and Writ Petition No.50774 of 2016, being aggrieved by order dated 14th March, 2018 by which the writ petitions were dismissed. The first writ petition was dismissed inter alia, on the ground of delay and laches and consequently the second writ petition was rejected as not surviving for consideration.

2. We have heard the petitioner who has appeared in-person, Sri C. Shashikantha, learned Assistant Solicitor General in both the appeals and Sri.S.R. Dodawad, learned counsel for respondent No.5 in Writ Appeal Nos.1555-1556 of 2018 and perused the material on record as well as the original file.

FACTUAL MATRIX:

3. In Writ Petition No.9941 of 2015, petitioner assailed letter bearing No.20/16/2009-EO(SM)II, dated 4th March, 2010 (Annexure - F) of the Secretariat of the Appointments Committee of the Cabinet ("ACC" for the sake of convenience); appointment letter bearing No.3/17/2007-T&R, dated 22nd March, 2010 of the Director of Ministry of Power, New Delhi (Annexure - A) and Advertisement dated 18th February, 2015 [Web-hosted in CPRI website on 21st February 2015], bearing No.3/33/2014-T&R of Central Power Research Institute, Bengaluru ("CPRI" for the sake of convenience) (Annexure - P) by seeking a declaration that he is entitled to continue in the post of Director General, CPRI till the date of his superannuation i.e., 31st May, 2019. Petitioner also assailed order bearing No.3/17/2007-T&R, dated 20th March, 2015, issued by respondent No.1 (Annexure - AA) by which he was relieved from service. In Writ Petition No.50774 of 2016, petitioner called in question appointment order dated 09th August, 2016 of the ACC (Annexure 'C1') which was issued to respondent No.5, as Director General of CPRI.

4. The facts in a nutshell are that CPRI had been established by Government of India with the support of UNESCO and United Nations Special Fund having the Director as its head. According to the petitioner, the post of Director of CPRI is equivalent the rank of Joint Secretary in Government of India. CPRI was re-organised as an autonomous Institution and registered under the Societies Registration Act, 1960 having its head quarters at Bangalore. The post of Director General, CPRI, is a permanent post. The CPRI is governed by Memorandum of Association, Rules and Regulations, Bye-laws and Working Rule Nos.1 and 2.

5. At the 66th meeting of the CPRI held on 2nd April, 2009, there was a decision taken to amend the Recruitment Rules pertaining to Director General, CPRI. The appointment was to be by selection, either by direct recruitment or on deputation only. The requisite qualification and experience required were also modified and stipulated.

6. The Ministry of Power issued an Official Memorandum (OM) on 09th June, 2009 to the Department of Personnel and Training ("DoP&T" for the sake of convenience) for constitution of a Search-cum- Selection Committee ("SCSC" for convenience sake) for the post of Director General, CPRI. An advertisement (Annexure - B) was issued on 18th May, 2009 for appointment on direct recruitment basis or on deputation as per the provisions contained in the Memorandum of Association, Rules and Regulations of CPRI and other applicable instructions. The SCSC by its meeting held on 29th July 2009 resolved to appoint the appellant as the Director General of the CPRI by way of direct recruitment as per the order of merit (Annexure - D). The Ministry of Power submitted a proposal requesting approval of the ACC to appoint the appellant herein as the Director General on direct recruitment basis till his superannuation i.e., 31st May, 2019 vide Annexure - E dated 12th November, 2009. However, Annexure - F being letter dated 04th March, 2010 was addressed by the Secretariat of ACC, DoP&T to the Ministry of Power approv

















































































































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