IIT KANPUR Vs. UMESH CHANDRA

JUDGEMENT

(1.) LEAVE granted.

(2.) THE First Respondent was appointed as a Junior Pilot Instructor (Glider) pursuant to an advertisement issued in the year 1979 being Advertisement No. 14/1979. THE Indian Institute of Technology, Kanpur, (hereinafter referred to as 'the Institute') is a body corporate in terms of the provisions of the Institutes of Technology Act, 1961 (hereinafter referred to as 'the Act'). It is an institute of national importance. It has its own Board of Directors. Its functions are laid down in Section 13 of the Act. THE Board of Governors is responsible for general superintendence, directions and control of the affairs of the Institute. It is also entitled to take decisions on questions of policy relating to administration and working of the Institute. Section 27 of the Act contemplates framing of statutes providing for the matters enumerated in Section 26 thereof, providing for classification, method of employment and determination of the terms and conditions of service of teachers and other staff of the Institute. In terms of Statute 11 of the Indian Institute of Technology, Kanpur Statutes (for short, 'the Statutes'), members of the staff are classified in three categories, namely, Academic, Technical and Administrative.

(3.) THE First Respondent by a letter dated 05.05.2005 was informed by the appellant herein that he would reach the age of superannuation on the expiry of 31.01.2006, pursuant whereto he submitted a representation on 08.06.2005 asserting that as the post of Senior Pilot Instructor held by him was an academic post, his age of superannuation should be treated as 62 years. THE Director of the Institute with a view to go into the said question, constituted a committee on 21.11.2005. However, before a decision on the said issue could be taken, a writ petition was filed by him before the Allahabad High Court. During the pendency of the said petition, the Committee opined that since the First Respondent did not belong to the academic category, his age of superannuation would be 60 years, and not 62 years. THE said writ petition in view of the said order was suitably amended by the First Respondent.