( 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