Project staff in centrally-funded research projects hosted at state institutions are governed by host state's superannuation rules, not central bylaws; age extension to 62 years applies only to specified medical categories, denying non-medical staff claim.

ORDER

Per: Hon’ble Shri Lok Ranjan, Member (A)

The present Original Application has been filed by the Applicant seeking to raising the age of her superannuation to 62 years instead of 60 years, while working as Demographer/Research Officer (Non-Medical) at the Department of Obstetrics and Gynaecology, S.M.S. Medical College and Janana Hospital, Jaipur in a Project under the Human Reproductive Research Center (HRRC) [later, the National Institute for Research in Reproductive Health (NIRRH)] of the Indian Council of Medical Research (ICMR).

2. Based on the pleadings of the parties to the case, the relevant matrix of facts had emerged to be as follows, briefly. The Applicant, who had qualified as M.A. in Economics, was initially appointed for a period of 06 months from 01.05.1987 on the post of Demographer by the Respondent No.3, i.e. Principal Investigator/Officer in-Charge of the ICMR Project [Dean/Professor & Head of Obstetrics and Gynaecology] at Janana Hospital of S.M.S. Medical College, Jaipur. Eventually, her engagement was continued and she was also designated as Research Officer (Non-Medical).Vide her representation dated 19.11.2016 to the Principal Investigator , it was sought that the age of superannuation for the Applicant be extended beyond 60 years to be 62 years. The present O.A. No. 845/2016 was also filed before this Tribunal relating to the same issue, wherein as an interim directionvide the Order dated 14.12.2016, it was directed that the Respondents consider and decide the Applicant’s representation dated 19.11.2016 in accordance with law ; and that any order so passed would be subject to the final outcome of this O.A.

3. Consequently, the said representation dated 19.11.2016 of the Applicant was decided vide the communication dated 29.12.2016 of the Principal Investigator HRRC (Respondent No.3),after due examination and in consultation with the NIRRH, Mumbai. It was considered thereby inter alia – that the age of superannuation of the employees working on HRRC Projects was to be determined as per the extant rules of the host institution ; that the host institution for the concerned HRRC Project was the Department of Obstetrics and Gynaecology in the Janana Hospital, Jaipur attached to the S.M.S. Medical College Jaipur, upon which the Rules of the Rajasthan State Government were applicable ; and that the age of superannuation under the State Government’s Rules had been increased from 60 years to 62 years only for MBBS degree-holder doctors. Therefore, it was concluded that the extant Rules provide for the age of superannuation of the Applicant, who was not MBBS degree- holder doctor, to be 60 years and she cannot be allowed to continue on Project work beyond the age of 60 years. Hence, the Applicant’s representation dated 19.11.2016 had been rejected.

4. A Speaking Order dated 03.02.2017 had also been passed on part of the ICMR (Respondent No.2) in respect of the Applicant’s representation dated 19.11.2016. It was considered thereby inter alia – that the appointment of the Applicant on the HRRC Research Project as Demographer was subject to the terms and conditions prescribed therefor ; that the Bylaws governing the service of ICMR employees were not applicable to the Applicant who was working on the HRRC Project under the Respondent No.3, viz. Dean/Professor & Head of Obstetrics and Gynaecology at Janana Hospital of the S.M.S. Medical College, Jaipur ; that as per O.M. dated 29.11.2011 issued