ASIT KUMAR CHAKRABORTI AND ORS. Vs. NATIONAL INSTITUTE OF PHARMACEUTICAL EDUCATION AND RESEARCH AND ORS.

JUDGEMENT

(1.) This order shall dispose of CWP No. 4626 of 2016 titled 'Dr. Ashit Kumar Chakraborti and others v/s. National Institute of Pharmaceutical Education and Research and another', CWP No. 4627 of 2016 titled 'Dr. Kamlesh Kumar Bhutani v/s. National Institute of Pharmaceutical Education and Research and another' and CWP No. 12264 of 2015 titled 'Dr. Parikshit Bansal v/s. Dr. K.K. Bhutani and others', as common questions of law and facts are involved in these writ petitions.

(2.) The common question of law involved in these writ petitions is as to whether petitioners can continue in service till the age of 65 years as approved by the Board of Governors (hereinafter referred to as 'Board') of respondent No. 1 - National Institute of Pharmaceutical Education and Research, Sector 67, S.A.S. Nagar, Mohali (for short 'NIPER') in its meeting held on 23.03.2013 (Annexure P -4 in CWP No. 4626 of 2016 and Annexure P -6 in CWP No. 4627 of 2016) or upto 60 years as per letter dated 02.03.2016 (Annexure P -5 in CWP No. 4626 of 2016 and Annexure P -7 in CWP No. 4627 of 2016) issued by the Government of India whereby directions have been issued not to continue with the service of the employees beyond the age of 60 years.

(3.) Brief facts relevant for disposal of these writ petitions are that petitioners are working as Professors and Kamlesh Kumar Bhutani (petitioner in CWP No. 4627 of 2016) is working as Officiating Director and his substantive post is of Professor and Head of Department in respondent No. 1 - NIPER. Respondent No. 1 is an institute of national importance created under the Act of Parliament known as 'The National Institute of Pharmaceutical Education And Research Act, 1998' (for short 'the Act'). The First Statutes have been framed exercising the powers under Subsection (1) of Sec. 36 of the Act. The Statutes are known as 'The National Institute of Pharmaceutical Education and Research Statutes' (for short 'Statutes').