S.S. Sodhi, J. - (1.) PROLONGING the tenure of service of a Government servant beyond the age of superannuation by the grant of a temporary injunction and that too issued on the very day, he attained such age is, what is challenged here.
(2.) ON the face of it, such an order cannot, but be described as extraordinary and in the context of the circumstances of the present case, even more so, rendering thereby the impugned order of the Senior Subordinate Judge Chandigarh. Mr. G.C. Suman of May 31, 1990, a classic illustration, as it were, of grant of temporary injunction being almost an abuse of the process of court. The Plaintiff, Commander M.L. Mehandroo a retired Naval Officer held the post of Hospital Engineer (Mechanical) at the Post Graduate Institute for Medical Education and Research, Chandigarh (hereinafter referred to as 'the Institute'). This being a Class A post equivalent to that of an Executive Engineer.
(3.) THE conditions of service of the employees of the Institute are governed by the Post Graduate Institute of Medical Education and Research, Chandigarh Regulations 1967 (To be adverted to hereafter as 'The Regulations'). The provisions regarding superannuation being those as contained in Regulation 37 -A thereof, which read as under: (1) The age of superannuation of the employees of the Institute other than the Director, the Medical Superintendent, the members of the teaching faculty and Class IV employees shall be 58 years; (2) The age of superannuation of the Director, the Medical Superintendent, members of the teaching faculty and Class IV employees shall be 60 years: Provided that the services of members of the teaching faculty may be retained up to the age 62 years in exceptional cases of such members for reasons to be recorded in writing on the merits of each such case and subject to physical fitness and continued efficiency of the member concerned. (3) Notwithstanding anything contained in this regulation, the appointing authority shall, if it is of the opinion that it is in the public interest so to do have the absolute right to retire any employee of the Institute by giving him notice of not less than 3 months in writing or 3 months pay and allowances in lieu of such notice; (i) If he is in Class I or Class II Service or post and had entered in this service of the Institute before attaining the age of 35 years, after he has attained the age of 50 years; and (ii) In any other case after he has attained 55 years; Provided that nothing in this sub -regulation shall apply to any employee in Class IV service or post who entered service on or before 7th August, 1970.;