Tenure - Indian Laws - General

Word Tenure The word Tenure is derived from the Latin word tenere which means to hold . The Black s Law Dictionary defines tenure in the context of a post or office as follows [See: Henry Campbell Black on Black s Law Dictionary , 1968, 4th Edition Pg. 1639]: - TENURE IN OFFICE. Right to perform duties and receive emoluments thereof. In Dr. L.P. Agarwal, while examining what is meant by a tenure post held that it is a post where the person appointed to it is entitled to continue in it till his term is complete unless it is curtailed for justifiable reasons. The relevant observations read as under: - 16. Tenure means a term during which an office is held. It is a condition of holding the office. Once a person is appointed to a tenure post, his appointment to the said office begins when he joins and it comes to an end on the completion of the tenure unless curtailed on justifiable grounds. Such a person does not superannuate, he only goes out of the office on completion of his tenure. A similar view as aforesaid was taken by this Court in P. Venugopal v. Union of India - 2008 (5) TMI 738 - SUPREME COURT . In another decision of this Court in J.S. Yadav v. State of Uttar Pradesh and Another- 2011 (4) TMI 1464 - SUPREME COURT , it was held that a person appointed to a tenure post only goes out once the tenure is completed. The relevant observations are reproduced below: - 17. An employee appointed for a fixed period under the statute is entitled to continue till the expiry of the tenure and in such a case there can be no occasion to pass the order of superannuation for the reason that the tenure comes to an end automatically by efflux of time . DR. PREMACHANDRAN KEEZHOTH ANR. VERSUS THE CHANCELLOR KANNUR UNIVERSITY ORS.- 2023 (11) TMI 1289 - SUPREME COURT (LB)