New Delhi: The Delhi High Court Wednesday sought response of the AAP government and the Institute of Human Behaviour and Allied Sciences on a plea challenging the extension of tenure granted to the IHBAS Director N G Desai after he attained the age of 65 years.
A bench of Chief Justice D N Patel and Justice Jyoti Singh issued notice to the Delhi government and IHBAS seeking their stand on the petition by an ex-employee of the institute who has alleged that the present director of the institute was appointed to the post in 2016 for five years or up to age of 65 years, whichever was earlier.
According to the petitioner, Tej Bahadur Singh, the Desai turned 65 years in October 2020 and he cannot continue in the post without the Lt Governor approving his extension.
“Accordingly, his continuation on the post of Director presently after his retirement is totally bad and cannot be said to be in accordance with the law,” Singh has contended in his plea.
His lawyer also sought an interim direction prohibiting Desai from taking any administration decisions during pendency of the petition, but the bench refused to pass any such order and listed the matter for hearing on January 29.
Advocate Tushar Sannu, appearing for IHBAS, told the court that the petitioner was an ex-employee of the institute and therefore, there was personal interest involved in the matter.
Singh, in his plea, has claimed that when he attained the age of 62 years in 2012 and sought an extension from IHBAS, he was told that no person can be permitted to remain in the service after the superannuation age as fixed under the rules.
Therefore, a different yardstick cannot be applied in case of the present Director of IHBAS, he has contended in his plea.
The petition has sought quashing of the communications issued in October 2020 extending the tenure of the Director of IHBAS and to direct the Delhi government to relieve him from the post.
It has also sought quashing of all the decisions, including the appointment of Joint Director, Administration, taken by the Director after he attained the age of 65 years.
It has further sought directions to the Delhi government to hand over post of Director of IHBAS to the head of a government hospital till a new Director is selected. (PTI)
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