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3. The said absorption letter indicates, that after 1.1.1994 Dr. B. N. Gupta. Scientist 'H' Tropical Forest Research Institute, Jabalpur, will cease to be a member of the Indian Forest Service and will henceforth be governed by the Recruitment Rules for Group 'A' Scientific posts in ICFRE. On absorption with effect from 1.1.1994, his pay, etc, will be protected, as per ICFRE Rules.

4. In pursuance of an advertisement published in Hindustan Times dated 17.10.1995, the post of Director General in the ICFRE was advertised. According to the terms and conditions as set out in the advertisement, which is relevant for consideration in the present case, the term of appointment of Director General. ICFRE will normally be for a period of five years which can be' extendable by the Central Government on the recommendation of the Board of Governor subject to the age of superannuation as ICFRE Rules (emphasis laid).

5. The petitioner who was working as Scientist 'H' and Director in ICFRE was selected as Director General in ICFRE. On 9.1.1997 the Government of India. Ministry of Environment and Forest offered the appointment to the petitioner to the post of Director General, Council of Forestry Research and Education on the following terms and conditions.

"(i) The pay scale of the post is Rs. 7.300-100-7,600.
(ii) You will be entitled to draw pay and allowance in the scale of the post.
(iii) The term of appointment of Director General. Indian Council of Forestry Research and Education will be for a period of five years or till the date of his superannuation, as per ICFRE Rules, whichever is earlier (emphasis laid)."

17. As far as the appointment of the Director General is concerned. Rule 31 provides that the Director General. ICFRE shall be the Chief Executive Officer of the Society. Rule 32 provides that the appointment to the post of Director General. ICFRE shall be made by the President of the Society with the concurrence of the Government of India from a panel to be drawn up by the Board of Governors from amongst eminent Scientists/Foresters with a minimum of 25 years of service having background in Forestry Research. However, the Director General, ICFRE in position at the time of the registration of the society would continue to hold the post under the new rules as per terms and conditions of his appointment made by the Government of India. Rule 33 deals with the terms of the office of the Director General which provides that the terms of the Director General. ICFRE will normally be for a period of five years extendable by the Central Government on the recommendation of the Board. Rule 34 provides that the other terms and conditions of the Director General. ICFRE shall be determined by the Board of Governors in consultation with the Government of India.

21. The terms and conditions of the advertisement in pursuance to which the petitioner was selected clearly Indicates that the terms of appointment of Director General, ICFRE will normally be for a period of five years which can be extended by the Central Government on the recommendation of the Board of Governors subject to the age of superannuation as ICFRE Rules. The said Rules, which we have mentioned earlier indicate that the age of superannuation of the officers of ICFRE will be 60 years. In pursuance of that advertisement, the petitioner had applied. He was selected and an offer was given to him to join the post of Director General. The offer clearly indicates that the term of appointment of Director General, ICFRE will be for a period of five years or till the date of his superannuation, as per ICFRE Rules, whichever is earlier. The offer was accepted by the petitioner on the terms and conditions mentioned in the aforesaid letter. Although the Rules do not provide any age of superannuation as far as the post of Director General is concerned, but the Rules clearly provide the age of superannuation of the officers of ICFRE including the Director as 60 years. The advertisement, offer of appointment and its acceptance by the petitioner clearly shows that the ICFRE Rules will be applicable. Now it is not open for the petitioner to resile from the same and stake a claim to continue as Director General until and unless the tenure appointment of five years comes to an end. Actually the said appointment was for a period of five years or till the date of superannuation of the petitioner as per ICFRE Rules, whichever was earlier. According to ICFRE Rules the age of retirement. which were made applicable in the case of the petitioner was 60 years, thus he can be retired at the age of 60 years.