SANJAY KISHAN KAUL, M.M.SUNDRESH
Union of India – Appellant
Versus
N. Murugesan Etc. – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
The case involves a dispute over the appointment and tenure extension of the respondent as Director-General of a public institution, which is an autonomous body functioning under the Ministry of Power with significant public interest involved (!) (!) .
The appointment was made through a process involving a Search-cum-Selection Committee and approval by the highest authorities, including the Prime Minister acting as part of the Appointments Committee of the Cabinet ("ACC") (!) (!) (!) (!) .
The appointment was initially for a fixed term of five years, with provisions for reappointment based on suitability, which was subject to approval by the ACC and other authorities (!) (!) .
The respondent was a long-term employee who was voluntarily retired and later appointed on a tenure basis. Despite his performance assessments being satisfactory, the authorities decided not to extend his tenure further and opted for a new recruitment process (!) (!) (!) .
The respondent challenged the termination and the recruitment of a new director through writ petitions, which were dismissed by the courts on grounds including delay, laches, and the absence of statutory rules prohibiting tenure appointments (!) (!) (!) .
The courts emphasized the importance of public interest, discretion of the employer, and the absence of statutory prohibition for tenure-based appointments, supporting the decision to appoint on a tenure basis rather than as a permanent employee (!) (!) .
Principles governing delay, laches, and acquiescence were discussed, highlighting that inordinate delay and conduct indicating waiver or passive acceptance can bar relief. The conduct of the respondent, including multiple representations made late in his tenure, was viewed as conduct that could amount to acquiescence or waiver (!) (!) (!) (!) (!) .
The doctrine of fairness and reasonableness, especially regarding contractual relationships involving the state, was clarified to mean that express terms of a contract cannot be altered or varied by invoking fairness unless explicitly provided by law or applicable rules (!) (!) .
The rules governing the appointment to the post, including the absence of a statutory prohibition on tenure appointments and the discretion of the employer to decide on tenure or regular appointments, were upheld (!) (!) (!) (!) .
Ultimately, the courts held that the respondent was not entitled to continued employment beyond his fixed tenure, and the decision to appoint a new director was made in the public interest with proper adherence to procedural requirements. The appeals filed by the employer were allowed, and the respondent's petitions were dismissed (!) (!) .
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JUDGMENT :
M.M. SUNDRESH, J.
1. Heard Shri K.M. Nataraj, learned Additional Solicitor General appearing for the appellant and Shri Prashant Bhushan, learned counsel for the respondent. There is no representation on behalf of Shri V.S. Nandakumar who has been arrayed as a private respondent and whose recruitment and selection was also challenged by Respondent No.1. We have also perused the documents filed and written submissions placed by the parties.
2. As the present appeals are filed by both contesting parties challenging the same impugned judgment, for the sake of brevity they are disposed of by a common order. Civil Appeal No. 2491-2492 of 2021 is taken up as a lead case, and the parties arrayed thereunder are to be taken in the same manner for the other cases as well.
PRIMARY FACTS:
3. Central Power Research Institute (CPRI) is an autonomous body registered as a society under the Karnataka Societies Act, 1960. It functions under the aegis of the Ministry of Power. The object of this institution is to contribute to the power sector in the country for improved planning, operation and control of power systems while serving as a national level laboratory for undertaking applied researc
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