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IN THE HIGH COURT OF ALLAHABAD
BEFORE THE HONble S. H. A. RAJA, J. , THE HONble KRISHNA KUMAR, J.
B.N.GUPTA - Appellant
Versus
UNION OF INDIA - Respondents
Civil Misc. Writ Petition 34550 Of 1998
Decided On : 07/14/1999
RETIREMENT AGE - INDIAN COUNCIL OF FORESTRY RESEARCH AND EDUCATION (ICFRE) - RULES AND REGULATIONS - AGE OF SUPERANNUATION - TENURE APPOINTMENT - INTERPRETATION OF TERMS AND CONDITIONS OF APPOINTMENT - CENTRAL GOVERNMENT'S AUTHORITY TO FIX AGE OF SUPERANNUATION - APPLICABILITY OF ICFRE RULES TO DIRECTOR GENERAL'S APPOINTMENT.
Fact of the Case:
The petitioner, a member of the Indian Forest Services, was appointed as Director in ICFRE and later absorbed into the service permanently. He was selected as Director General of ICFRE and offered the post for a term of five years or till superannuation, as per ICFRE Rules. The petitioner accepted the offer and assumed charge. However, he was directed to retire at the age of 60 years, as per ICFRE Rules. The petitioner challenged this order, arguing that the fixed tenure of five years should be honored.
Finding of the Court:
The court held that the petitioner's appointment was a tenure appointment for a period of five years, but it could be curtailed if he attained the age of superannuation before completing the tenure. The court found that the ICFRE Rules, which were applicable to the petitioner, provided for an age of superannuation of 60 years for its officers, including the Director General. The court also noted that the petitioner had accepted the offer of appointment on the terms and conditions specified, which included the applicability of ICFRE Rules.
Issues: 1. Whether the petitioner's appointment as Director General of ICFRE was a tenure appointment for a fixed term of five years or subject to the age of superannuation as per ICFRE Rules? 2. Whether the petitioner could resile from the terms and conditions of his appointment and claim to continue as Director General beyond the age of superannuation specified in ICFRE Rules?
Ratio Decidendi: 1. The court relied on the principle that the age of superannuation should be in accordance with the service rules of the appointment and that the terms and conditions of the appointment letter have a binding effect unless they are arbitrary, irrational, unfair, unjust, or improper. 2. The court referred to Supreme Court precedents holding that the Central Government has the authority to fix the age of superannuation for its employees in the absence of specific statutory rules and that such age of superannuation is binding on the employees who voluntarily accept the appointment. 3. The court interpreted the terms and conditions of the petitioner's appointment, including the advertisement, offer letter, and acceptance letter, and found that they clearly indicated the applicability of ICFRE Rules, which provided for an age of superannuation of 60 years.
Final Decision: The court dismissed the petitioner's writ petition, holding that the petitioner's retirement at the age of 60 years, as per ICFRE Rules, was valid and that he could not claim to continue as Director General beyond that age.
( 2 ) LATER on the Government of Punjab and Chandigarh have conveyed their concurrence for the acceptance of the resignation of the petitioner for his permanent absorption in ICFRE vide letter No. 13/1/94fi-1/15128 dated 18. 8. 1994. The Ministry of Environment and Forests vide letter No. A. 19011/17/90-IFS-1 dated 23rd /26th september, 1994 have conveyed approval of the Government of india for permanent absorption of the petitioner in the Council with effect from 1. 1. 1994 under provisions of Rules 5-A of AIS (DCRB)Rules, 1958.
( 3 ) THE said absorption letter indicate that after 1. 1. 1994 Dr. B. N. Gupta, Scientist ii Tropical Forest Research Institute, Jabalpur will cease to be a member of the Indian Forest Service and will henceforth be governed by the Recruitment Rules for Group a scientific posts in ICFRE. On absorption with effect from 1. 1. 1994, his pay etc. will be protected, as per ICFRE Rules.
( 4 ) IN pursuance of an advertisement published in Hindustan times dated 17. 10. 1995 the post of Director General in the ICFRE was advertised. According to the terms and conditions as set out in the advertisement, which is relevant for consideration in the present case, the term of appointment of Director General, ICFRE will normally be for a period of five years which can be extendable by the central Government on the recommendation of the Board of governor subject to the age of superannuation as ICFRE Rules (emphasis laid ).
( 5 ) THE petition who was working as Scientist h and Director in ICFRE was selected as Director General in ICFRE. On 9. 1. 1997 the Government of India, Ministry of Environment and Forest offered the appointment to the petitioner to the post of Director general, Council of Forestry Research and Education of the following terms and conditions
" (i) The pay scale of the post is Rs. 7300-100-7600. (ii) You will be entitled to draw pay and allowance in the scale of the post. (iii) The term of appointment of Director General, Indian Council of forestry Research and Education will be for a period of five years or till the date of his superannuation, as per ICFRE rules, which ever is earlier (emphasis laid ). "
( 6 ) THE said letter also indicated that the other conditions of the service of the petitioner will be in accordance with the Rules and regulations framed by the ICFRE, Dehradun.
( 7 ) BY means of the letter dated 9. 1. 1997 addressed to the president, ICFRE Society, the petitioner accepted the offer of appointment for the post of Director General, Indian Council of forestry Research and Education on the terms and conditions mentioned in the aforesaid letter (emphasis laid ).
( 8 ) AFTER the petitioner gave this acceptance to the offer, the chairman, Board of Governors of the ICFRE passed an order indicating the following terms and conditions:
"terms of appointment of Director General, ICFRE will primarily be for a period of 5 years which can be extended by the Central government on the recommendation of the Board of the Governors subject to the age of superannuation as ICFRE rules. "
( 9 ) ON 10. 1. 1997 the petitioner assumed the charge of the post of Director General of ICFRE. On 14. 9. 1998 the petitioner was directed to retire from service with effect from 13. 12. 1998 after attaining the age of 60 years.
( 10 ) BEING aggrieved against the said order the petitioner invoked the jurisdiction of this Court by filling the present writ petition.
( 11 ) ALTHOUGH generally no interim is passed in such matter, however, while
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