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3. The petitioner applied for the post of Campus Director, National Institute of Fashion Technology, Raebareli, Ministry of Textile, Government of India (hereinafter referred to as NIFT) through proper channel for an open selection. No objection certificate has been issued by the competent authority of S.G.P.G.I. on 29.8.2013 in favour of the petitioner to apply on the post of Director, NIFT.

4. The petitioner thereafter appeared in interview and was subsequently selected and was offered appointment on the post of Campus Director, NIFT on contract basis vide letter dated 25.11.2013 for an initial period of one year from the date of assuming charge with the condition that on satisfactory performance during the period of probation, the period of contract for a further period of four years may be extended. Therefore, it was a contract appointment of five years.

5. On receipt of the aforesaid order dated 25.11.2013 the petitioner applied for grant of lien to his post of Associate Superintendent (Non-Medical) S.G.P.G.I. and the Chief Administrative Officer with the approval of President, S.G.P.G.I., Lucknow issued office order dated 13.1.2014 allowing the petitioner to maintain lien on his post for a period of two years.

6. Thereafter, the petitioner joined at NIFT as Campus Director on 15.1.2014.

7. However, the petitioner was informed by the Chief Administrative Officer, S.G.P.G.I. vide letter dated 25.1.2016 that on the petitioner's request of extension of lien of his post of Associate Superintendent (Non-Medical), S.G.P.G.I. such lien has been granted for a period of three years w.e.f. 16.1.2016 by the President, S.G.P.G.I.. Therefore, the tenure of the petitioner as Campus Director, NIFT was expiring on 14.1.2019. The Board of Governors, NIFT in its 44th meeting took a decision to extend the term of the petitioner for a further period of three years w.e.f. 15.1.2019 and the said extension was conveyed to the petitioner vide order dated 10.12.2018.

12. As per learned counsel for the petitioner since the petitioner was discharging his duties of Campus Director at NIFT, therefore, he could have, all of sudden, not given up his duties at NIFT for submitting his joining at S.G.P.G.I. The petitioner has, however, replied the aforesaid letter on 28.4.2020 to the respondent no. 3 informing his inability to join at S.G.P.G.I. in such a short notice, therefore, requested some time to rejoin at S.G.P.G.I. by 15.6.2020. When the petitioner did not receive any response of his letter dated 28.4.2020, under the compelling circumstances he submitted a letter dated 5.5.2020 before the respondent no. 3 seeking his voluntary retirement from service w.e.f. 5.5.2020. When the petitioner did not receive any response he again preferred letter dated 9.6.2020 pressing his application for voluntary retirement and for making payment of his post retiral dues.

(a) the incumbent having attained the particular age or having completed the requisite period of service i.e. 20 years; and
(b) no disciplinary proceedings having been initiated or pending.

41. There is no quarrel on the point that the petitioner was granted extension of service for three years w.e.f. 16.1.2019 for holding post of Campus Director, NIFT by the President, SGPGI subject to the approval of the Governing Body. However, the Governing Body has refused such extension. The petitioner in a bonafide manner continued on the post of Campus Director, NIFT, Raebareli legitimately expecting that since the President of SGPGI is also President / Chairman of the Governing Body of SGPGI, therefore, the said decision of the President would be upheld by the Governing Body. There is no doubt that the decision of the Governing Body would be binding over the opinion or permission of an individual member including the Chairman / President of the statutory body but at the same time it may not be said to be any lapse on the part of the petitioner to continue on the post of Campus Director, NIFT pursuant to the permission being granted by the President for holding the post for further three years w.e.f. 16.1.2019. Therefore, the conduct of the petitioner continuing on the post of Campus Director, NIFT, Raebareli is bona fide conduct in view of the facts and circumstances of the present case.