New Delhi: The Central Administrative
Tribunal (CAT) has refused to direct the Delhi government to
allow the director of a leading pharmaceutical research
institute to continue on the same designation till the age of
superannuation.
The Director, S S Agrawal, had challenged the August 28,
2008 order of the Delhi government appointing him as Director
with Delhi Institute of Pharmaceutical Sciences and Research
(DIPSAR) for a year and for the next two years, he was to hold
the post of professor.
Agrawal got extension of age of superannuation from 62 to
65 years, and he argued that the order was illegal as the
extension had to be on the post of director only.
The Tribunal, however, held that the extension of the age
of superannuation was not for those holding administrative
post.
"It may be recalled that requirement of enhancement in
the age of superannuation arose only because of shortage of
teachers and not because of shortage of those who are holding
administrative positions," the Tribunal, comprising Chairman
Justice V K Bali and Member R C Panda, said.
Agrawal contended before the bench that he was engaged
in teaching also while holding the post of Director which made
him eligible for the job as per the notification which
extended the age of superannuation for teachers.
The CAT noted that Agrawal might be engaged in teaching
work while holding the post of director, but once the
notification debarred those holding administrative positions
from availing the benefit under it, he would be covered by it.
"Every Director may be a teacher as well but every
teacher would not be a Director and may not be holding an
administrative position," the CAT said.
The Tribunal rejected the petitioner's contention that
even though he might be holding the post of Director, he was a
teacher only and dismissed his argument as devoid of merit.
The CAT agreed with the Delhi government's argument that
the Indrasen Committee had recommended that the benefit of
extension should not be made applicable to those on
administrative positions as the logic of enhancement of age
was with the sole purpose to overcome shortage of teachers.
The April 24, 2008 notification says that consideration
for extension in age of superannuation from 62 to 65 years was
always for teachers of degree level colleges and polytechnics
under the control of Department of Training and Technical
Education.
PTI
First Published: Wednesday, March 03, 2010, 19:09