DR. L.P. AGARWAL versus UNION OF INDIA AND ORS

DR. L.P. AGARWAL versus UNION OF INDIA AND ORS

A person holding a tenure post cannot be prematurely retired by invoking the concept of superannuation or compulsory retirement, which does not apply to such appointments; the tenure endures for its fixed span, subject only to attaining maximum age or justifiable curtailment.

Parties
Appellant: Dr. L.P. Agarwal; Respondents: Union of India and Ors
Jurisdiction
India
Judgment Date
21 July 1992
Procedural Posture
Civil Appeal / Appeal by Special Leave From Delhi High Court Judgment
Outcome
Appeal allowed; High Court judgment and Institute-Body resolution quashed
Legal Topics
Tenure Appointment, Premature Retirement, Superannuation, Recruitment Rules, Compulsory Retirement
Service Law Tenure Appointment Premature Retirement Superannuation Recruitment Rules Compulsory Retirement

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Parties

Dr. L.P. Agarwal

Appellant

Union of India and Ors

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Delhi High Court Judgment

Legal Issues

  1. 1 Whether the incumbent of the post of Director, AIIMS could be prematurely retired before the completion of his tenure
  2. 2 Applicability of superannuation and premature retirement provisions to a tenure post

Ratio Decidendi

A person holding a tenure post cannot be prematurely retired by invoking the concept of superannuation or compulsory retirement, which does not apply to such appointments; the tenure endures for its fixed span, subject only to attaining maximum age or justifiable curtailment.

Court Disposition

Appeal allowed; High Court judgment and Institute-Body resolution quashed

Orders

  • Resolution of Institute-Body dated November 24, 1980 and consequent order retiring appellant quashed
  • Appellant entitled to salary less non-practising allowance from December 1, 1981 to January 21, 1984