( 1 ) PETITIONER, employed as an Associate Professor at Management Development Institute (MDI) seeks quashing of the letter dated 23. 9. 2003. By and under the said letter, decision of the Board of Governors of the Management Development Institute (Respondent no. 2) taken in the Board meeting held on 7. 3. 03 was communicated to the petitioner. Decision being that the Board of Governors has accepted the recommendation of the Special Review Committee dated 20. 02. 03 to retire the petitioner from service under Regulation 33 of mdi Staff Regulations, 1986 .

( 2 ) REGULATION 33 aforesaid under which the petitioner stands retired reads as under:-

" Superannuation and Retirement an employee other than an employee appointed on contract basis, shall retire on the last day of the month in which he completes 60 years of age. The Institute shall, however, have absolute right to retire an employee, if it considers necessary to do so in the interest of the institute, by giving him notice of not less than thee months, in writing, on completion of 30 years of service or 50 years of age, whichever shall first happen, or at any time thereafter. Such option to retire from the service shall also be available to an employee, in any class, after he completes 30 years of service or attains the age of 50 years, by giving three months notice in writing to the competent authority. 2) The power conferred by sub-regulation (1) to retire an employee on completion of 30 years of service or on attaining the age of 50 years, or at any time thereafter, shall be exercisable by the Executive Director, in the case of officers in Class I, prior approval of the Board shall be necessary. Explanation I for the purpose of this Regulation, service shall not include any period of service rendered by an employee before attaining the age of 21 years. Explanation- II notwithstanding anything contained in this Regulation, where an employee has earned leave but not availed of as on the date of retirement, he may, at his option: (a) be permitted to avail of leave subject to a maximum of six months in respect of leave earned under these Regulations and in that case the employee will be deemed to retire from service at the expiry of the leave. OR (b) be paid a lump sum amount which would be equivalent of pay as defined in Regulations 3 (q) of these Regulations as on the date of his retirement, for the unavailed earned leave subject to a maximum of six months plus dearness allowance in respect thereof. Explanation - III In order to implement the power to retire an employee as mentioned in sub-regulation (1) above, the Institute shall review the cases of such employees six months before they attain the age of 50 years or before they complete 30 years or service for which purpose special review committee shall be constituted by the Board for recommendation in the matter. Explanation -IV date of Retirement means the date on which the employee attains the age of superannuation in accordance with the provisions of this Regulation or the date of which he is retired by the Institute under sub-regulation (1) or the Regulation or the date on which the employee voluntarily retires in terms of said sub-regulation (1) as the case may be. 3) Where an employee is re-employed in the Institutes s service or is permitted to be employed outside the Institute while he is on leave preparatory to retirement he may be required or permitted to avail of such leave or any part thereof immediately after he ceases to be so employed but the period during which he is so employed shall not- (i ) if the re-employment is in the Institutes s service, count for any purpose as service or duty in relation to his previous employment in the Institute except to the extent for in the terms of re-employment. If the employment is outside the Institute, count for any purpose as service or duty in the Institute except for purposes of Regulation 127 and Chapter IV of these Regulations. "

( 3 ) MDI