DR. M. AMUBA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Since the issue involved in both the cases is the same, as to whether age of superannuation would be 62 years or 65 for the post of Superintendent, Regional Institute of Medical Sciences, Imphal (hereinafter referred to as "RIMS"), both were heard together and are being disposed of by this common order.

(2.) Before adverting to the submissions advanced on behalf of the parties, the facts giving rise to the aforesaid two writ applications need to be taken notice of. Regional Institute of Medical Sciences, Imphal is a society registered under the Societies of Registration Act. In the year, 2007 it was taken over by the Ministry of Health & Family Welfare, Govt. Of India w.e.f. 1.4.2007. While taking over the said Institute, one of the conditions was that the regional character of the Institute shall be maintained in the matter of seat distribution but at the same time its autonomy would be maintained which is evident from a letter dated 29.3.2007 issued by the Govt. Of India, Ministry of Development of North Eastern Region. Thereupon, the Institute came with a Memorandum on 30.4.2007 where under it was notified that all the service matters of the RIMS, Imphal shall be as per the central government Rules as notified from time to time. Subsequently, "Bye-laws of the Regional Institute of Medical Sciences, 2007" was framed for the control and management of the Institute. Under the said Bye-laws stipulation was made that some service conditions such as leave, medical attendance, general provident fund, pension and other retirement benefits, shall be governed by the respective rules issued by the Central Government. But in the matter relating to superannuation, stipulation which was made under the bye-laws is in clause 8 of the said bye-laws which read as follows: "8. Superannuation The age of the superannuation of the employees shall be governed by the rules framed or orders issued from time to time in this regard by the Central Government. Orders issued by the Institute in pursuance of such Rules or Orders of the Central Government shall continue to be enforced until the same is superseded by an order issued under this provision of the Bye-law."

(3.) Much thereafter the Ministry of Health and Family Welfare, Govt. Of India issued an Office Memorandum on 24.2.2012 relating to re-designation of Doctor of teaching, sub cadre after attaining the age of 62 years. Though it is related to Central Health Services officers and not to the officers and staff of RIMS but as it will have some bearing, reference of it is being made. Clause (i) and (ii) of the said Memorandum dated 24.2.2012 reads as follows: