Indian Institute Of Technology vs Raja Ram Verma & Ors

1. The Respondent No. 1 Shri Raja Ram Verma was appointed to the post of Assistant Registrar at Indian Institute of Technology, Kanpur (hereinafter I.I.T.) on 11.11.1983. As per Statute 13 of I.I.T., the respondent was due to retire on 31.08.2000 on attaining the age of 60 1 years. His case before us is that he should have been allowed to continue upto the age of 62 years.

4. Generally, the statute 13 (2) framed under the Act prescribes the age of superannuation of a confirmed appointee. Initially the statute provided for 60 years as the age of superannuation for all the staff members. By an amendment on 23.06.1989 however, a sub-statute 3 was added making some changes. The said amendment runs as follows:

10. The case of the appellant is that it got a telephonic communication from the Ministry on or about 14th October 1998 that the increase in the age of superannuation from 60 to 62 years is confined to the case of Assistant Registrar level and the officers above. Thereupon, the appellant allowed one Shri. S.H. Bakre, Assistant Registrar to continue in service, who was due to retire 6 on 31st August 1998. Thereafter, the Chairman of the Board of Governors approved the proposal of the Director, wherein it was proposed that the staff, whose age of retirement was 58 years, would superannuate on attaining 60 years and the members of the staff whose age of retirement at the time of appointment was 60 years, would superannuate on attaining 62 years. However, the said proposal of the Director even though approved by the Chairman, was not put up before the Board of Governors for ratification, hence no effect was given to the same as required under statute 7(4) of the first statute.

12. It has been urged on behalf of the appellant that as respondent No.1 was admittedly appointed on 11.11.1983, he was due for superannuation on 31.12.2000 on attaining the age of superannuation of 60 years in terms of statute 13(2). The exact provision of Statute 13(2) in this connection is set out below:

17. On 16.2.2000 a further clarification was given by the second respondent to the Director of the appellant that the increase in the age of superannuation from 60 years to 62 years would be applicable only to those categories of employees of I.I.Ts, I.I.Ms and I.I.Sc who are being treated at 1 par with the teachers and whose age of superannuation was 60 years.

18. In view of the aforesaid clarification by the second respondent, a grievance was raised about alleged discrimination between the members of faculty staff and those members of staff who are categoried as non- faculty staff. In the background of such a plea of discrimination, the second respondent, by its further communication dated 24.4.2000, clarified that since the members of the staff of various I.I.Ts are classified into 3 categories namely, i) academic ii) technical and iii) administrative and others and since Librarians are falling in the categories of the academic staff, their age of retirement would be 62 years.

19. Thereafter, the Board of Governors of the appellant in its meeting held on 22.5.2000, on consideration of the communication dated 24.4.2000 from the second respondent came to the following conclusion:

However, if a person reaches 62 years before that date, he will retire at the end of the month in which he completes 62 years.

44. From the list of the re-constituted Council of I.I.Ts it appears that Chairman of all the I.I.Ts, namely, I.I.T Bombay, I.I.T Delhi, I.I.T Guwahati, I.I.T Kanpur, I.I.T Kharagpur, I.I.T Madras, I.I.T Roorkee are members of the said Council. Most of them are professors or academicians. The list of the aforesaid re-constituted Council is set out below:-

4. The Committee could consider the issue of faculty induction and development. Measures to improve the strength of IIT faculty may be suggested for adoption and implementation;

15. The Committee to take stock of the present expansion programme and also suggest the future course of action in terms of inclusion, expansion and excellence in the XII Plan period and beyond;

53. In view of such disclosure of materials, this Court is satisfied that the autonomy of these institutes is preserved and they are structurally built up as centres of academic excellence and the concern of the Court has been answered and satisfied to a large extent.

55. The appeal is allowed. The order of the High Court is set aside. However, there will be no order as to costs.