LAWS(P&H)-2016-9-172

SURESH MITTAL Vs. MAHARAJA AGRASEN INSTITUTE OF MEDICAL RESEARCH AND EDUCATION, AGROHA, HISAR AND ANOTHER

Decided On September 08, 2016
SURESH MITTAL Appellant
V/S
Maharaja Agrasen Institute Of Medical Research And Education, Agroha, Hisar And Another Respondents

JUDGEMENT

(1.) Petitioner who was initially appointed on the post of Accountant/Cashier in the Maharaja Agrasen Institute of Medical Research and Education, Agroha, Hisar on 22.05.1996 stands retired w.e.f. 31.03.2016 upon attaining the age of superannuation i.e. 58 years. Challenge in the instant petition is to the decision taken by the Maharaja Agrasen Medical Education and Scientific Research Society (hereinafter referred to as 'the Society') at Annexure P-20 declining the prayer of the petitioner for enhancement of the superannuation age of the non-teaching staff from 58 years to 62 years.

(2.) Writ of mandamus is also sought for directing the respondent Institute to implement the Service Rules as are applicable in Pt. B.D.Sharma Post Graduate Institute of Medical Sciences, Rohtak.

(3.) Counsel appearing for the petitioner would submit that an agreement dated 01.06.1990 had been entered into between the State of Haryana and the Society for the establishment of an Institute of Medical Research and Education in the State of Haryana and for which 267 acres and 14 marlas of land was acquired and given at a nominal lease of Rs.1 per year. As per Clause (9) of the Agreement, the State Government had agreed to pay all recurring charges to the extent of 99% in advance in half yearly installments towards the expenses of the Institute including all expenditure for running the hospital and the college etc.