Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Retirement |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Retirement - Compulsory retirement, in terms of service rules/regulations, on review of performance/service record of employee on reaching a specified age, where retention is not in interest of the institution or of utility to the employer - Different from, compulsory retirement on specific charge of misconduct, where misconduct is the basis for punishment - On facts, when employee-respondent attained the specified age i.e. age of 55 years, his case was reviewed under regulation 12 to consider whether he should be continued in service beyond the age of 55 years - Competent authority found respondent unfit for retention and proposed to compulsorily retire him from service - Meray plea by respondent - Service continued for one year beyond 55 years - During extension period of one year, performance of respondent again found unsatisfactory -Competent authority thereafter compulsorily retired respondent from service - Validity of - Held: Order of compulsory retirement was sustainable with reference to the requirements of regulation 12 - It was neither a punishment nor was it stigmatic - Continuation of respondent beyond 55 years was not because his service was satisfactory, but out of leniency, for a specific period somewhat on the lines of probation - There was merely a postponement of the compulsory retirement which was to take place earlier - There was no second-appraisal of service performance upto 55 years - Indian Airlines Employees Service Regulations - Regulation 12 Retirement - Compulsory retirement, in pursuance of a i valid condition of service enabling the employer to prepone the retirement - Held: Need not be preceded by any enquiry and the principles of natural justice have no application - Natural justice. Respondent was employed in Indian Airlines Limited (IAL), the predecessor of appellant. When respondent attained the age of 55 years his case was reviewed under Regulation 12 of the Indian Airlines Employees Service Regulations to consider whether he should be continued in service beyond the age of 55 years. On review, the competent authority found respondent unfit for retention and issued notice dated 11-5-1998 proposing to retire him from service w.e.f. 10-8-1998 under Regulation 12. However in view of the fervent plea made by respondent. and his assurance of improvement in performance, the competent authority continued the service of respondent for one year beyond 55 years, but made his retention beyond period of one year subject to the outcome of the review to be carried out after monitoring his attendance and performance during the extension period. During the extension period of one year, the competent authority again found the performance of respondent to be unsatisfactory and issued show cause notice dated 27- 5-1999 in pursuance of which respondent gave reply and on consideration of such reply, the competent authority decided not to continue respondent in service and compulsorily retired him from service w.e.f 26-8-1999. Respondent approached the Industrial Tribunal which did not grant any relief to him. Respondent filed writ petition on which a Single Judge of the High Court set aside the award of the Tribunal and the order of compulsory retirement. An intra-court appeal filed by IAL was dismissed by a Division Bench of the High Court which held that after the decision to continue the respondent in service beyond 55 years, the only complaint against respondent was unauthorized absence; that on account of the inconsistency in the evidence as to the number of days of absence without permission, the period of unauthorized absence was uncertain; that the respondent was punished by way of compulsory retirement, for such unauthorized absence; and that in the absence of a charge with specific particulars of misconduct or an enquiry into such charge resulting in a definite finding in regard to the misconduct, the compulsory retirement was liable to be set aside. In appeal to this Court, the question which arose for consideration was whether the appellant was justified in compulsorily retiring the respondent w.e.f. 26.8.1999, i.e., one year and three months after taking the decision to continue him beyond 55 years. |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2009 INSC 400 |
Petitioner | National Aviation Company Of India Ltd. |
Respondent | S.m.k. Khan |
SCR | [2009] 4 S.C.R. 1092 |
Judgement Date | 2009-03-24 |
Case Number | 1622 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |