P S VERMA Vs. JAMIA ISLAMIA UNIVERSITY

JUDGEMENT

(1.) Petitioner on attaining the age of superannuation stood retired as a Professor of Education Jamia Millia Islamia University, Delhi on 30.6.1994. His grievance is that respondents have failed to appoint him against his legitimate right of re-employment for a period of three years from the day of his retirement. Direction is sought for quashing of the letter, annexure P-6, dated 4.8.1994 by which petitioner's case was referred to the Advisory Committee under Clause (4) of Ordinance XXXVII-A which according to the petitioner is not applicable in his case.

(2.) Regulation XXXVII of the respondent-University says that all whole time teachers of the University shall retire from service on attaining the age of 60 years. The Executive Council, on recommendation of Vice Chancellor, may in the interest of University, re-employ a teacher for such period as it may deem fit and on such terms and conditions as it may prescribe, provided that no teacher shall remain in service beyond the age of 65 years and no administrative responsibility will be given to a re-employed employee.

(3.) Petitioner's case is that since in his case the Head of the Department had forwarded his request for re-employment, in terms of Ordinance XXXVII, it was necessary and obligatory for the respondents to have re-employed him for a period of three years. It was so done in the case of Prof. M. Abu Baker and Prof. Rehmat Ali but in his case Ordinance XXXVII-A(4) has wrongly been applied and instead of re-employing him, matter was directed to be referred to the Advisory Committee, which could not be done.