K. Kannan, J. - (1.) CM No.2054 of 2012 Application is allowed, as prayed for. Civil Writ Petition No.20900 of 2011
(2.) The petitioner's challenge to the order of termination is that he is governed by the University Rules which in turn means the MD University Rules relating to the terms and conditions of service for teaching and non-teaching staff and the said Rules prescribe 60 years as the year of superannuation and the premature retirement done on completion of 58 years on 30.11.2011 is legally untenable.
(3.) The petitioner's case is that he had been working with Gurukul Mahavidhalya School which was later taken over along with four other educational institutions under the Bhagat Phool Singh Mahila Vishwavidyalaya by the Act of the State of Haryana. After the constitution of the University, the petitioner has been served with a letter by the Registrar treating him as having been regularised to the post of Assistant Security Officer and it read that he would be governed by the rules and regulations of the University as framed from time to time. It further provided that the terms and conditions of absorption shall be communicated later after consulting the State Government. It is not denied that the Vishwavidyalaya itself has not framed any independent Rules. As per the instructions of the Financial Commissioner and the Principal Secretary to the Government of Haryana, the Vice Chancellor had been informed on 21.09.2006 that till the Rules were framed by the Vishwavidyalaya, the Rules framed by MD University shall be followed. To a specific clarification sought by the University to the Government about how the staff in the schools shall be treated, the Commissioner, Higher Education Haryana has informed the Registrar of the University on 25.02.2011 that the University shall follow the Rules of MD University, Rohtak. The University Rules as regards the age of non-teaching employees have been set out as per Chapter XXV of the University calendar, Volume III that lay down inter alia that all whole time paid non-teaching employees shall retire on completing the age of 60 years, provided that the Executive Council may, on the recommendation of the Vice Chancellor, extend the service of any member for a period not exceeding three years, if it is satisfied that such extension is in the interest of the University and provided further he shall not be granted more than one extension.;