HC sets aside order allowing IICT director to remain in position till he turns 65

Dr Alok Kumar challenged the advertisement, requesting the court to quash it and allow him to continue on the post till he attains the age of superannuation i.e. 65 years.

PRAYAGRAJ A division bench of the Allahabad High Court has set aside the order issued by the single judge of high court whereby Dr Alok Kumar was allowed to work as director of the Indian Institute of Carpet Technology (IICT), Bhadohi, till he attains the age of 65 years.

An advertisement was issued on August 19, 2022 for selection to the post of director of IICT, Bhadohi. (HT Photo)

Allowing a special appeal by filed the development commissioner and others, a division bench comprising Chief Justice Rajesh Bindal and Justice JJ Munir observed, “In the present case, Dr Alok Kumar joined as director of IICT after accepting the terms of his appointment that he will continue to work till he attains the age of 60 years. Hence, he cannot be allowed to approbate and reprobate (that which I approve, I cannot disapprove)”. It means that an individual has to either accept the whole contract or reject the whole thing.

Dr Alok Kumar, a former professor in the U.P. Textile Technology Institute in Kanpur, was appointed as the director of the Indian Institute of Carpet Technology (IICT) through an order dated November 15, 2018. It was for a period of three years or on his attaining age of 60 years, whichever is earlier. Accepting the terms of the appointment, he assumed the post and worked till the expiry of three years.

Subsequently, an advertisement was issued on August 19, 2022 for selection to the post of director of IICT, Bhadohi. However, Dr Alok Kumar challenged the advertisement, requesting the court to quash it and allow him to continue on the post till he attains the age of superannuation i.e. 65 years.

In its order (dated October 14, 2022), the single judge, while quashing the advertisement, declared that Dr Alok Kumar is entitled to remain on the post of director, IICT, till he attains the age of 65 years in terms of Rule 8.2 of the General Service Rule falling under chapter-II of IICT Service Rules, 2016.

The verdict was challenged by the development commissioner on the ground that Dr Alok Kumar was selected and appointed on purely temporary basis for a period of three years or on his attaining age of 60 years, whichever is earlier. Later, he was given a six-month extension we well. He had consciously and unconditionally accepted the terms of appointment and joined.