MANAGEMENT OF VOKKALIGARA SANGHA Vs. B BOMMAIAH

JUDGEMENT

(1.) THIS petition is filed by the Management of Vokkaligara Sangha "challenging the order dated 10. 9. 99 passing in MA (EAT) No. 22/99. The petitioner institution is running Bangalore Institute of Technology in Bangalore. Which is a private Education Institution and it is also an unaided Institution. The respondent was the principal of the bangalore Institute of Technology, and engineering College run by the petitioner. He was issued with an office order dated 29. 9. 1979 appointing him as a professor in another Department of Mechanical engineering for the initial period of three years vide order dated

(2.) 9. 1979. In the meantime he was placed as In-charge Principal from 8. 9. 1984. On 13. 7. 1985 he was appointed as a principal of the bangalore Institute of Technology in accordance with the resolution passed in the meeting of the Executive Committee of the Vokkaligara sangha. The age of superannuation is 58 years for employees including the petitioner in terms of the rules of the Institution Sangha. The respondent attained the age of superannuation and he was to be superannuated on his completion of 58 years. At that time respondent sought for extension of his service as per his application dated 25. 5. 1998. The petitioner by order dated 13. 1. 1999 re-appointed him as principal for a period of one year with effect from 7. 6. 1998. 2. It is further stated that he is deemed to have been relieved of his duties on the forenoon of 6. 6. 98 on attaining the age of superannuation. He continued as such for the period of one year. Later, in April 1999 he filed a petition before the Educational Appellate tribunal seeking for setting aside the order dated 13. 1. 99 and also sought for a direction to continue till he attains the age of 62 years. Along with the said application he also filed an I. A. seeking for continuation of his services even beyond the period granted in terms of the office order dated 13. 1. 99. The said application was contested and after contest an order has been passed by the Tribunal on 10. 9. 99 allowing the I. A. thereby an order dated 13. 1. 99 was stayed till the disposal of the main appeal or till the respondent attaining the age of 60 years whichever is earlier. It is this order that is challenged before me.

(3.) NOTICE was issued and in pursuant to my notice respondent has entered his appearance through counsel.