DR. S.K. KACKER versus ALL INDIA INSTITUTE OF MEDICAL SCIENCES AND ORS.

DR. S.K. KACKER versus ALL INDIA INSTITUTE OF MEDICAL SCIENCES AND ORS.

On substantive appointment to the post of Director (a permanent post and a tenure post), the appellant lost his lien on the post of Professor and Head of the ENT Department and cannot revert to it after ceasing to be Director; administrative resolutions inconsistent with statutory rules have no legal efficacy.

Parties
Appellant: Dr. S.K. Kacker; Respondents: All India Institute of Medical Sciences and Ors.
Jurisdiction
India
Judgment Date
04 September 1996
Procedural Posture
Civil Appeal / Appeal From Delhi High Court Judgment Dated 19.7.96 in C.w.p. No. 3865 of 1995
Outcome
Appeal dismissed
Legal Topics
Fundamental Rules, Tenure and Lien, Permanent and Temporary Appointment, Administrative Resolutions
Service Law Administrative Law Fundamental Rules Tenure and Lien Permanent and Temporary Appointment Administrative Resolutions

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Parties

Dr. S.K. Kacker

Appellant

All India Institute of Medical Sciences and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Delhi High Court Judgment Dated 19.7.96 in C.w.p. No. 3865 of 1995

Legal Issues

  1. 1 Whether on expiry of five years' tenure as AIIMS Director, appellant could revert to post of Professor & Head of ENT Department

Ratio Decidendi

On substantive appointment to the post of Director (a permanent post and a tenure post), the appellant lost his lien on the post of Professor and Head of the ENT Department and cannot revert to it after ceasing to be Director; administrative resolutions inconsistent with statutory rules have no legal efficacy.

Court Disposition

Appeal dismissed

Orders

  • Appellant not entitled to revert to Professor and Head of ENT Department after tenure as Director.
  • Request for retaining AIIMS bungalow till appellant's own house becomes vacant turned down, but AIIMS may consider allotting alternative accommodation till October 31, 1996 if available.