(1.) -This appeal is directed against the judgment and order dated 5th March, 2004 passed by the learned Single Judge in W.P. (C) No. 790/2004 allowing the writ petition of the respondent. The respondent herein is working as the Secretary of the Delhi Sanskrit Academy, respondent No. 2 herein. The said respondent No. 2 was brought into existence by virtue of a registration effected on 17th June, 1987 under the Societies Registration Act, 1860. The management and functions of the respondent No. 2 is governed as per the Memorandum of Association and the rules and the regulations made thereunder. Rule 13 of the Rules speaks of the powers of the executive committee. Under the said provision, one of the power vested in the executive council is to lay down conditions of service for the employees with the approval of the Academy (13-D).
(2.) On 17th December, 1990, the executive council of the academy and the Finance Sub-Committee had a meeting wherein it was resolved that the respondent No. 1 be appointed as Secretary of the academy. The essential qualifications for the said post of Secretary were also decided in the said meeting. Pursuant to the said decision, the Lieutenant Governor of Delhi, who as per Rule 4 was to appoint a Secretary, issued an order permanently absorbing the respondent No. 1 as Secretary in the Academy as he was on deputation with the respondent No. 2.
(3.) On 31st October, 2002 a meeting of the Executive Council of respondent No. 2 was held wherein service rules of the employees of the academy were formulated. The said rules are called "Employees Service Rules, 2002". The said rules were framed in exercise of the powers vested on the society empowering the Executive Council to lay down the conditions of service of the employees with the approval of the Academy. The aforesaid rules were approved by the Chief Minister. Rule 38 of the Employees Service Rules, 2002 stipulates that every employee of the Academy would retire on attaining the age of 62 years. By virtue of the proviso added thereto, power has been vested in the Executive Committee to extend the age of superannuation but not beyond 65 years of age. On 5th January 2003, the academy passed a resolution affirming the rules framed by the Executive Council, which is also approved by the Chief Minister, as stated here in above.