Dalveer Bhandari, J.

( 1 ) IN this petition, the petitioner has prayed that order dated 8. 1. 1996 and 7. 2. 1996 curtailing the petitioner s tenure from 31. 7. 96 to 31. 3. 1996, and reaffirming the decision conveyed vide order dated 8. 1. 1996 turning down the representation of the petitioner be quashed.

( 2 ) THE petitioner further prayed that the respondent be directed to allow the petitioner to complete his tenure upto 31. 7. 1996 with all consequential reliefs in terms of their office letter dated 9. 9. 1993.

( 3 ) IT is submitted that the petitioner, prior to joining the office of respondent no. 2, the National Institute of Secondary Steel Technology was working as a Senior Manager (Personnel and Wages) in the Steel Authority of India, New Delhi. The petitioner was offered the said post for a period of 3 years by respondent no. 2 by a letter dated 24. 6. 1991. The petitioner accepted the appointment on 18. 7. 1991.

( 4 ) THE petitioner has completed his tenure and by the letter dated 9. 9. 1991 the petitioner was given extention upto 31. 7. 1996. In the meeting of the Board of Governors of NISST, respondent no. 2 held on 15. 2. 1995, decision regarding appointment on contract in NISST was considered. The Board had considered the question of employment of persons who are likely to superannuate within a year or two or have just superannuated or who are already on contract basis. The Board laid down the following guidelines. The relevant Item no. 8 reads as under:

"appointment of persons on Contract in NISST The Board considered the question of employment of persons who are likely to superannuate or have just superannuated on contract basis. The Board laid down the following guidelines: 1) The post must he existing vacant post. In case the post is not in existence, the Board s permission may be taken for creation of the post. Even the existing structure of posts may be placed before the Board for ratification or modification, if any. 2) For the case of administrative and financial posts, the contract can be upto two years after superannuation i. e. after the age of 58 years. In case of technical position, the contract can be for two years after the age of 60 years. The term may be initially for two years and may be extended on the recommendation of the Board upto one more year in case of technical posts. 3) Proper Selection Committee as given in the rules should select the respective candidate after due advertisement in National Paper. 4) In case of the superannuated persons, the appointment letter should be issued only after approval of the Board or by the Chairman of the Board. The Board discussed the terms of employment of administrative and finance Executives who are working after superannuation. The Board noted that Mr. 0. P. Mehta, Consultant (Finance), term will be over on 31. 3. 1995 and there is no proposal for extending his service further. The Board also considered the employment of Shri R. P. Sharma, Chief (P and A) and noted that his term is upto July, 1996. The Board decided (hat the term be modified and should be upto March, 1996. During the discussion, the technical staff who has joined after superannuation i. e. , Prof. S. L. Malhotra, Director and Dr. Kishan Lal, Sr. Deputy Director, working on contract basis could not be taken up. "

( 5 ) IT may be relevant to mention that the petitioner was a secretary to the Board and in pursuance of the decision taken in the meeting of Board of Governors held on 15. 2. 1995, it was decided that in case of administrative and financial post, the contract can be upto 60 years and in case of technical post, the term can be upto 62 years and may be extended by one year.

( 6 ) THE petitioner was born on 10. 3. 1934, On 10. 3. 1996, the petitioner has completed 62 years. According to the decision taken in the said meeting of the Board of Governors, in case of administrative and financial post, the contract can be upto 62 years and in the instant case, the petitioner has alread

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