L P AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Dr. L. P. Agarwal was appointed as Director, All India Institute of Medical Sciences, New Delhi (AIIM S) with effect from February 18, 1979. The appointment order dated April 6, 1979 stated that he was appointed as Director "for a period of five years, or till he attains the age of 62 years, whichever is earlier". He was confirmed in the said post with effect from February 19, 1980. By an order dated November 24, 1980 he was retired from service, in the public interest, with immediate effect, by giving him three months pay and allowances, in lieu of notice.

(2.) The Recruitment Rules governing the post of Director provide direct recruitment as the only method of recruitment to the said post. The post of Director, under the Rules, is a tenure post for five years inclusive of one year probation.

(3.) The question for our consideration is whether the incumbent of the post of Director, AIIMS can be prematurely retired before the completion of his tenure In other words whether the service law concept of mature retirement in public interest" is Applicable to a tenure post filled by way of direct recruitment.