Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2019 (4) TMI HC This

  • Login
  • Cases Cited
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

2019 (4) TMI 1951 - HC - Indian Laws


Issues Involved:
1. Legality of the appellant's appointment as Director General of CPRI for an initial tenure of five years.
2. Validity of the learned Single Judge's decision to dismiss the writ petitions on the grounds of delay and laches.
3. Determination of appropriate relief for the appellant.

Issue-wise Detailed Analysis:

I. Legality of the appellant's appointment as Director General of CPRI for an initial tenure of five years:
The appellant challenged his appointment letter dated 22nd March 2010, which stated his appointment was for an initial tenure of five years or until further orders. The appellant contended that his appointment should be until his superannuation on 31st May 2019, as per the advertisement and recruitment rules. The court noted that the appointment order was contrary to the recommendation made by the Ministry of Power to the Additional Secretary, DoP & T, and the ACC, which stated the appointment should be on direct recruitment basis until the date of retirement on superannuation or until further orders. The court declared that the communication dated 4th March 2010 and the appointment letter dated 22nd March 2010 were illegal as they were contrary to the Working Rule No. 1 and the advertisement calling for applications. The court held that the appellant's appointment should have been until his superannuation on 31st May 2019 or until further orders, whichever event occurred earlier.

II. Validity of the learned Single Judge's decision to dismiss the writ petitions on the grounds of delay and laches:
The learned Single Judge dismissed the writ petitions on the grounds of delay and laches, stating that the appellant had accepted the appointment order without any demur and had only challenged it towards the end of his tenure. However, the court found that the appellant had made several representations seeking rectification of his appointment order before the tenure of five years came to an end. The court noted that there were inter-departmental communications regarding the appellant's representations, but no concrete steps were taken to rectify the appointment order. The court held that the learned Single Judge was not right in dismissing the writ petitions on the grounds of delay and laches, as the appellant was neither dormant nor silent about his tenure of appointment and had filed the writ petitions in a timely manner.

III. Determination of appropriate relief for the appellant:
The court declared that the appellant's appointment on a tenure basis for an initial period of five years was illegal, arbitrary, and in violation of Articles 14 and 16 of the Constitution. The court held that the appellant should be deemed to be in service from the date he assumed charge up to 31st May 2019, on which date he would retire on attaining the age of superannuation. The court reinstated the appellant to the post of Director General, CPRI, but only symbolically, considering the significant fact that the appellant would have retired on 31st May 2019. The court directed that the appellant be paid 50% of his salary plus proportionate Dearness Allowance from 21st March 2015 till 31st May 2019, and be entitled to pensionary benefits under the New Pension Scheme, gratuity, and any other terminal benefits. The respondents were directed to issue the necessary Relieving Order dated 31st May 2019 to enable the appellant to receive all monetary retiral and pensionary benefits.

 

 

 

 

Quick Updates:Latest Updates