LAWS(ALL)-2023-1-115

DEVELOPMENT COMMISSIONER Vs. ALOK KUMAR

Decided On January 31, 2023
Development Commissioner Appellant
V/S
ALOK KUMAR Respondents

JUDGEMENT

(1.) Order dated October 14, 2022 passed by the learned Single Judge has been challenged by filing the present intra-Court appeal.

(2.) It is a case in which respondent no.1, who was a regular employee working with U.P. Textile Technology Institute, Kanpur (hereinafter referred to as 'Institute') as a Professor, was appointed as the Director of the Indian Institute of Carpet Technology (hereinafter Chief Justice's Court referred to as 'IICT') vide order dated November 15, 2018. It was for a period of three years or on his attaining age of 60 years, whichever is earlier. Respondent no.1 accepting the terms of the appointment, joined on the post and worked till the expiry of three years. Thereafter, vide letter dated April 1, 2022, he was granted extension for a period of six months i.e. upto September 30, 2022. A writ petition was filed in this Court for quashing the advertisement dated August 19, 2022 published for selection to the post of Director, IICT; order dated July 6, 2022 vide which direction was issued for initiating process of selection of new Director of IICT, Bhadohi; order dated July 26, 2022 vide which request was made for publishing advertisement for the post of Director, IICT in the employment newspaper and for allowing respondent no.1 to continue on the post, till he attains the age of superannuation.

(3.) Learned Single Judge while quashing the orders dated July 6 and July 27, 2022 and also the advertisement dated August 19, 2022 declared that the respondent no.1 is entitled to work on the post of Director, IICT, till he attains the age of superannuation in terms of Rule 8.2 of the General Service Rule falling under Chapter-II of IICT Service Rules, 2016 i.e. 65 years.