Delhi High Court - Orders
Dr. Shriram Hegde vs Union Of India & Ors on 26 July, 2024
Author: Jyoti Singh
Bench: Jyoti Singh
$~80
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10202/2024 & C.M. APPL.41855-56/2024
DR. SHRIRAM HEGDE .....Petitioner
Through: Mr. T.M. Shivakumar, Mr. S.V.
Rateria, Ms. Kirti Kishore and Ms. Sanjana,
Advocates.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Rajdev Kumar and Mr. Hitesh
Batra, Advocates with Mr. Deepak Tanwar, Govt.
Pleader for R-1 and 5.
Mr. Arjun Mitra, Adv. for R-2 and 3.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 26.07.2024
1. This writ petition has been preferred on behalf of the Petitioner seeking the following reliefs:
"i. directing the Respondent No. 2 & 3 to issue orders extending the age of superannuation of the Petitioner from 62 to 65 years and ii. quashing the Office Memorandum No. IITD/IESI/U-5/2024/241993 dated 08.02.2024 and iii. reading down or quashing the direction of MHRD dated 29.02.2008 in F.No. 23-8/1998-TS.I communication of MHRD to the extent it defines and restricts the meaning of the phrase 'persons holding teaching positions' to persons with particular designations viz., Assistant Professors, Associate Professors and Professors and holds that the enhancement of age of superannuation cannot be extended to any category of employees not holding the above designations. iv. Pass any other relief in favour of Petitioner which this Hon'ble Court deems fit in the interest of justice."
2. Case of the Petitioner is that the Petitioner, who has been a full- fledged teaching faculty of the Applied Mechanics Department (AMD) in W.P.(C) 10202/2024 Page 1 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/07/2024 at 06:05:22 IIT, Delhi for the last 32 years is being compelled to retire at the age of 62 years on 31.07.2024 in total disregard of the decision of the Government of India taken in 2007 to enhance the age of superannuation of persons holding teaching positions in IITs and other institutes of higher education, from 62 to 65 years. It is urged that the Chairman, Board of Governors, IIT Delhi approved the enhancement in the age of superannuation of all teaching staff viz., Faculty, Scientific and Design Staff, who were on regular employment against sanctioned posts as on 15.03.2007, from 62 to 65 years but despite this, no heed is being paid to the request of the Petitioner to enhance his age of retirement solely on the ground that his post, Senior Systems Manager is shown in Computer Service Centre (CSC) and hence belongs to CSC cadre. This, according to the Petitioner, ignores the crucial facts that Petitioner was never posted in CSC as he was selected and appointed only as a Faculty of AMD and his first regular appointment was as Junior Programmer in AMD; he was promoted as Senior System Programmer in AMD and his appointment/promotion as Senior System Programmer (S.G.) was also in AMD. Petitioner has been involved in actual classroom teaching all along for which there is substantial material on record. It is further urged that Petitioner has made a representation dated 28.06.2024 to the Board of Governors on 02.07.2024 bringing to their notice his career profile and the nature of his duties and has requested for taking a decision on his age of superannuation but there has been no response.
3. Issue notice.
4. Mr. Rajdev Kumar, learned counsel accepts notice on behalf of Respondent No.1 and 5.
5. Mr. Arjun Mitra, learned counsel accepts notice on behalf of W.P.(C) 10202/2024 Page 2 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/07/2024 at 06:05:22 Respondent Nos. 2 and 3.
6. Mr. Mitra, on instructions, submits that Board of Governors is convening a meeting only on 19.08.2024, however, the representation of the Petitioner shall be placed before the Chairman of the Board of Governors, who has emergent powers to deal with the representation and thereafter the decision shall be placed before the Board of Governors for ratification. Final decision shall be taken by 30.07.2024 and the same will be conveyed to the Petitioner.
7. In view of the above statement of Mr. Mitra, this writ petition is disposed of. The final decision of the Board of Governors, as assured, will be taken on or before 30.07.2024 and shall be conveyed to the Petitioner along with reasons, within one week from the date of the decision. It will be open to the Petitioner to take recourse to legal remedies, in case of any surviving grievance.
8. Pending applications also stand disposed of.
JYOTI SINGH, J JULY 26, 2024/jg/kks W.P.(C) 10202/2024 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/07/2024 at 06:05:23