MANAGING COMMITTEE, SHRI MAHILA VIDYA Vs. RAJASTHAN NON

JUDGEMENT

(1.) - This appeal is directed against the judgment dated 21-2-2000 passed by a learned single Judge of this Court in S. B. Civil Writ Petition No. 594/2000 whereby the writ petition of the appellant institution was dismissed. The writ petition was filed to challenge the order dated 20-11-1999 passed by the Rajasthan Non-Government Educational Institution Tribunal, Jaipur (hereinafter referred to as 'the Tribunal').

(2.) Respondent No. 2 - Shri. R. S. Chauhan preferred an application under Section 21 of the Rajasthan Non-Government Educational Institutions Act, 1989 (for short 'the Act of 1989') challenging the order dated 29-10-1996 whereby he was retired from service w.e.f. 30-6-1996. Respondent stated that he was engaged on the post of Lecturer by executing an agreement. As per the terms of the agreement age of retirement was at the age of 60 years. The appellant institution retired him w.e.f. 30-6-1996 at the age of 58 years by issuing order dated 25-4-1996 but realising the mistake later on, the aforesaid order was withdrawn. However, by issuing subsequent order dated 29-10-1996 respondent was again retired w.e.f. 30-6-1996. This was the second order of retirement after withdrawing the first order. The Tribunal decided the matter holding that the applicant-respondent was due for retirement only on attaining the age of 60 years as per the agreement and not at the age of 58 years as per Rule 45 of the Rajasthan Non-Government Educational Institutions (Recognition, Grant-in-aid and Service Conditions etc.) Rules, 1993 (hereinafter referred to as 'the Rules of 1993'). Reliance was placed by the Tribunal on a Division Bench decision of this Court in the matter of G. N. Tandon v. State of Raj. & Ors. ((1996) (1) RLR 538) .

(3.) The writ petition filed by the appellant institution could not find favour in view of the Division Bench judgment of this Court in the case of G. N. Tandon (supra) and accordingly, the writ petition was dismissed.