M. KATJU, A. C. J. , SUNIL AMBWANI AND K. N. OJHA, JJ.

( 1 ) HEARD learned Counsel for the parties.

( 2 ) THE controversy in this case is whether the retirement age of an employee of the Indian institute of Technology, Kanpur is 60 years or 62 years.

( 3 ) LEARNED Counsel for the petitioner Sri Yatindra has invited our attention to a Division Bench decision of this Court in Civil Misc. Writ Petition No. 54346 of 2000, Raja Ram Verma v. Union of India, decided on 10. 7. 2002 vide Annexure 13 to the writ petition. We have carefully perused the aforesaid decision in Raja Ram Vermas case (supra) and we respectfully disagree with the same. Section 13 (2) of the Indian Institute of Technology Act, 1961 states

"subject to the provisions of the Act and Statutes, all appointments to post under the Institute shall ordinarily be made on probation for a period of one year after which period the appointee if confirmed shall continue to hold his office subject to the provisions of the Act and the Statutes, till the end of the month in which he attains the age of 60 years. "

( 4 ) THE Division Bench in Raja Ram Vermas case (supra) held that the age of retirement of an employee of the Indian Institut

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