SUBHOJIT DUTTA Vs. UNION OF INDIA

JUDGEMENT

(1.) By the present writ petition the petitioner has inter alia prayed for a writ in the nature of Mandamus commanding the respondents to revoke and cancel two orders annexed to this writ petition as Annexure P-25 and P-26, a writ in the nature of Prohibition prohibiting the respondents from giving any effect to or taking any step in terms of the said two orders.

(2.) The case of the petitioner inter alia is that he joined the service of the respondent no. 3 company in the year 1987 and was promoted to the post of the General Manager in 2004. The petitioner applied for the post of Director (Project Management) of the company. On June 17, 2005 the relevant department of the Government of India informed the Company Secretary of the concerned respondent company that the President of India had sanctioned appointment of the petitioner for the said post on the terms and conditions as mentioned therein. The Government of India further informed the Managing Director of the company about the approval of the competent authority to the enhancement of the retiring age from 58 years to 60 years with immediate effect. The petitioner contends that his appointment would be till he attains the age of 60 years.

(3.) However, by a letter dated February 29, 2008 the relevant department of the Government of India informed the Managing Director of the respondent no. 3 company that since at the time of appointment of the petitioner to the new post the superannuation age in the respondent company was 58 years and taking into consideration that his age of superannuation was 58 years only the petitioner would cease to be the Director (Project Management) beyond February 29, 2008. Subsequently, by a circular dated March 4, 2008 the Company Secretary had informed all concerned that the petitioner had ceased to be a Director (Project Management) with effect from February 29, 2008. By a circular dated March 20, 2008 the General Manager (HRD) of the company informed all concerned that the petitioner had been posted in Grade E(7) with effect from 1st March, 2008 and he was designated as Technical Advisory to the MD of the respondent company.