SHIV KUMAR SUMAN Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) THE instant Letters Patent Appeal has been filed by the appellant against part of the order dated 12.5.2014, passed by the learned Single Judge, whereby while disposing of the writ petition (CWP No. 5283 of 2009) filed by the appellant, he has been granted damages of Rs. 5.00 lacs on account of illegal action of the Chandigarh Administration.

(2.) THE appellant was working as Assistant Professor in the Punjab Engineering College, Chandigarh. He was having the additional charge of Estate Officer of the said Institution. Vide appointment letter dated 13.3.2009 (Annexure P -20), he was appointed to the post of Registrar (on contract basis), Punjab Engineering College, Chandigarh, for a period of five years or till he completes the age of 62 years, whichever is earlier. It was further stipulated that the term of appointment may be extended for further period subject to the approval of the competent authority. After issuance of the said appointment letter, the appellant joined on the post of Registrar, but after six days, the aforesaid appointment was cancelled on the ground that the appointment letter was issued during the period of model code of conduct. The said action of the Chandigarh Administration was challenged by the appellant by filing the aforesaid writ petition.

(3.) LEARNED counsel for the appellant argued that still the appellant has 2 1/2 years to complete the age of 62 years, though he is already working as Assistant Professor and Estate Officer of the Punjab Engineering College, Chandigarh, and he should be given appointment for the remaining period, till he completes the age of 62 years. He further argued that in a tenure post, an employee can be permitted to serve till the date of superannuation, which is the age of 62 years in the present case. In this regard, learned counsel has relied upon Dr. L.P. Agarwal v. Union of India, 1992 (3) SCC 526 and P. Venugopal v. Union of India, 2008 (5) SCC 1.