S.R.Singh, J. - (1.) The petitioner who was appointed Assistant Registrar, Indian Institute of Technology, Kanpur (in short the Institute) on 11.11.1983, has questioned the legality of his superannuation at the age of 60 years w.e.f. 31.12.2000 vide impugned order dated July 17, 2000 (copy of which has been annexed as Annexure-11). A perusal of the impugned order would show that the employees including the petitioner, referred to therein, were informed that they would be retiring from the services of the Institute on the dates noted against their names in column 7 as per decision of the Board of Governors in its meeting held on 22.5.2000. The petitioner at the relevant time was working as Assistant Registrar (Admin. Section) of the Institute.
(2.) Statute 13 (2) of the Indian Institute of Technology Statute, framed under the Institute of Technology Act, 1961, prescribes the age of superannuation of a confirmed appointee. It reads as under : "13 (2) Subject to the provisions of the Act and the Statutes, all appointments to posts 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 6O years : Provided that where the Board considered that in the interests of students and for the purposes of teaching and guiding the research scholars any member of the academic staff should be re-employed, it may re-employ such a member till the end of the semester or the academic session as may be considered appropriate in the circumstances of each case : Provided further that where it becomes necessary to re-employ any such member beyond the end of the semester or academic session as the case may be, the Board may with the pervious approval of the visitor, re-employ any such member for a period upto three years in the first instance and upto two years thereafter and in no case exceeding the end of the academic session in which he attains the age of 65 years : Provided also that in no circumstances, such member shall be re-employed for any purposes other than those of teaching and guiding the research scholars."
(3.) It would be evident from the provision aforestated that the right of a confirmed employee of Institute to continue in service 'till the end of the month In which he attains the age of 60 years', is 'subject to the provisions of the Act and the Statutes'. Petitioner claims entitlement to continue in service till he attains the age of 62 years on the basis of the decision contained in letter dated 27.7.1998 Issued by the Ministry of Human Resource Development addressed to the Secretary, University Grants Commission with copies forwarded to the Vice Chancellors of all Central Universities ; Member Secretary, A.I.C.T.E. and Secretary, Indian Council for Agricultural Research. New Delhi, providing therein that the age of superannuation of University and college teachers would be 62 years with liberty reserved to the Universities or colleges to re-employ superannuated teachers upto 65 years within the existing guidelines framed by the U.G.C. and subsequent letter dated 31.8.1998 of the Department of Education, Ministry of Human Resource Development addressed to the Director, Indian Institute of Technology with regard to increase in age of superannuation of academic stock including personnel of Registry, Library and Physical Education. A copy of the letter dated 31.8.1998 has been annexed as Annexure-2 to the writ petition. The petitioner has placed reliance also on clarificatory letter dated November 6, 1998 issued by the Department of Education, Ministry of Human Resource Development, Government of India in continuation of earlier letter dated 27.7.1998 providing therein that the provisions indicated in para 1 (vi) of the letter dated 27.7.1998 shall also be applicable to Registrar, Librarian, Physical Education personnel, Controllers of Examination, Finance Officers, etc. Another letter dated 24.3.1999 was issued by the Department of Education, Ministry of Human Resource Development, Government of India addressed to the Secretary, University Grants Commission removing doubts raised from certain quarters as to whether benefit of enhancement in the age of superannuation be allowed in the case of Readers, Professors is available to non-teaching employees with comparable designation such as System Analyst, Scientific Officer, Engineering etc. The answer as per letter is as under : "The benefit of enhancement in the age of retirement is available only to Teachers and Registrars/Librarians Physical Education, Personnel/Controllers of Examinations/Finance Officers only. In the case of other non-teaching employees the age of retirement will be 60.";