The main legal principle established is that administrative instructions or orders can supplement statutory provisions on issues where the rules are silent, and changes in related acts can be automatically incorporated unless there is a specific order or resolution to the contrary.

Navin Sinha, J.

1. The issue for determination presently would be whether the age for superannuation of those in service of the Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna, on non-teaching posts, would be 58 years or would the age of retirement applicable be 60 years.

2. This Court has heard learned Senior Counsel Sri Chitranjan Sinha appearing on behalf of the petitioner, the learned Additional Advocate General No. 2 Sri Swaraj Kumar Ghosh appearing on behalf of the State and Sri Sheojee Prasad appearing on behalf of the Indira Gandhi Institute of Medical Sciences, Sheikhpura (hereinafter referred to as the Institute)

3. The petitioner would have been appointed in the year 1984 in the Institute on the post of Assistant Nursing Superintendent. She would be superannuating on 31.8.2005 on the basis of 58 years of age. The claim in the writ application would be that she would be eligible for retirement at the age of 60 years and therefore the respondents be directed to continue with her services till she would attain that age. The petitioner would have preferred this writ application on 12.8.2005 before her scheduled date of superannuation.

4. Learned Senior Counsel for the petitioner Shri Chitranjan Sinha submitted that the Institute was created on the pattern of the All India Institute of Medical Sciences. New Delhi (hereinafter referred to as AIIMS). The Indira Gandhi Institute of Medical Sciences Act, (hereinafter referred to as the IGIMS Act) would have been promulgated in 1984 after the Ordinance in 1983. The Institute would be an autonomous body. The Board of Governors would consist inter alia of the Minister of Health and Family Welfare, Government of Bihar, as its Ex Officio Chairman, the Secretary, Department of Health, Government of Bihar, Ex Officio, the Director in Chief of Health Services. Government of Bihar, Ex Officio and the Secretary Department of Finance, Government of Bihar Ex Officio. The State Government would have powers u/s. 24 of the Act to issue such directions as may be required for the efficient administration of the Act. The Rules framed by the State Government u/s. 26 of the Act would not cover the issue of age of superannuation. There would be regulations framed u/s. 27 by the Institute regulating the tenure of office and other conditions of service so envisaged under Clause (e) thereof with regard to the age of superannuation. There would be nothing in the IGIMS Act or statutory rules governing conditions of service in a generalised manner. He thus submits that u/s. 24 of the IGIMS Act the State Government would have full powers to issue such directions which would not be contrary to the Act or the Rules and Regulations. Such directions to that extent would have statutory force. The Government would have issued necessary instructions/orders under Sec. 24 of the IGIMS Act on 10.10.1991 as appended at Annexure 3. This would clearly state that the rules of the AIIMS with regard to appointment, promotion, pay scale and other service conditions would be applicable to the employees of the Institute also. This would have been communicated by the Government to the Institute earlier also and would have also so been resolved by the Board of Governors which consisted of senior representatives of the State Government as submitted hereinbefore.

5. The Government order dated 10.10.1991 at Annexure 3 would have to be read as it is. There would be no ambiguity in the order. The respondent State Government cannot be permitted to explain the same before this Court by way of any affidavits. Reliance is placed on a judgment of the Supreme Court reported in AIR (1977) 1 SCC 554, (I.N. Subba Reddy V/s. Andhra University and Ors.) to submit that the words conditions of service would include the age of superannuation. He next submits that once the Government took the aforesaid decision dated 10.10.1991 any subsequent changes in the All India Institute of Medical Sciences Act would automatically