KRISHNA DEO SINHA Vs. REGIONAL INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE petitioner, in the instant case, a Professor in the Regional Institute of Technology, Jamshedpur was supposed to retire on 30.11.1996 on reaching the age of superannuation. The Chairman of the Institute, however vide Annexure -1 dated 31.10.1996 issued an order to re -appoint him as Professor of Mathematics for two years at the pay he was drawing at the time of superannuation. The petitioner, thereafter continued till 8.10.1997 when his reappointment / re -engagement was annulled in view of the resolution of the Board of Governors', Regional Institute of Technology, Jamshedpur in its 83rdrd meeting held on 12.9.1997. The petitioner, being aggrieved with the said order dated 8.10.1997 (Annexure -5) issued under the signature of the Principal, R.I.T, Jamshedpur has approached this Court in the present writ application.

(3.) THE contention of the petitioner is that the Chairman was authorized to make an appointment in view of the terms and conditions governing the permanent employees of the Institute( to be incorporated in the Bye Laws) vide Annexure -7 in which under Clause 2 under the heading "Authority"3, relating to the rules for appointment in the Institute, it is stated that whenever the Board is unable to meet to decide an urgent issue the Chairman of the Board of Governors shall take decision in the matter and report to the Board at its next meeting for information.