T C SHARAM Vs. LT GOVERNOR

JUDGEMENT

(1.) The petitioner has been working with respondent No. 3, State Council of Education Research and Training (in short SCERT). He was appointed as Senior Lecturer with SCERT on 25th March, 1989. The post of Senior Lecturer falls in the category of academic staff of the SCERT. Respondent No. 3 informed the petitioner that he would stand superannuated at the age of 60 years which happened to be on 31st January, 1999. The petitioner in this petition has assailed the order of supernnuation passed by respondent No. 3, inter alia, on the ground that the staff of SCERT shall have the same terms and conditions of service as are available to the National Council of Educational Research & Training (in short the NCERT). The academic staff of NCERT has to superannuate at the age of 62 years whereas petitioner has been made to retire at the age of 60 years. Petitioner's service conditions and tenure being the same as that of the NCERT hence he cannot be denied the age of superannuation as is being enjoyed by his counterpart in the NCERT i.e. 62 years.

(2.) Respondent No. 3, the SCERT, is a Society registered under the Societies Registration Act. It was created by the Administration of Delhi in the year 1986 with the sole object to provide better opportunities and facilities in all spheres of education and at all stages. To provide best education in schools/colleges, and for research and development in the education system on the basis of modem techniques, scientific research and improvements in the institution. To achieve this object the SCERT is funded by the Government of NCT of Delhi beside generating funds from other resources.

(3.) The service condition of the staff of the SCERT including that of the academic staff are to be governed by the Memorandum of Association, Rules & Regulations as framed by respondent No. 3. Regulation 67 of the said Rules and Regulations of the- SCERT proides : 67. Terms and Tenure of service of Academic Staff- The terms and tenure of service of the academic staff at the Council shall remain the same as available for the academic staff of the National Council of Educational Research & Training.