Administrative restrained from relieving Physical Education Director at age of 62

The Chandigarh Bench of the Central Administrative Tribunal has directed the UT Administration not to relieve Karamjit Singh Sahi, Director of Physical Education at Government College of Art, from service till April 11, the next date of hearing on the matter.

The tribunal has also directed the respondents to file the reply by April 11. Sahi, in the application filed before the tribunal, said he was appointed Director of Physical Education at Government College of Arts on November 26, 1985, and has remained in service till now.

He said he was petitioner No. 3 in a case titled ‘Jogender Pal Singh & ors. Vs. Union of India’, wherein, the High Court had held that the age of superannuation of the petitioners would be 65 years. He said the review against the judgment was dismissed by an order dated July 15, 2021, and SLP against the same was dismissed as withdrawn vide order dated December 15, 2021

The counsel of the applicant said respondents (Department of Technical Education) have sought clarification regarding age of superannuation of the post of Director Physical Education.

The counsel added that it is the apprehension of the applicant that he will be retired from service on February 28 at the age of 62 years.

The applicant made representations to the respondents and has now approached the tribunal seeking continuation till the age of 65 on the present post. The counsel said as per various orders of the courts, the applicant is entitled to continue in service till 65 years.

However, the counsel for the respondents contested the claim of the applicant stating that AICTE vide notification dated January 22, 2010, referred to UGC regulations wherein it has been mentioned that there is no shortage in the categories of Librarians and Director Physical Education and so the increase in age of superannuation from 62 years shall not be available to these categories.

After hearing of the arguments, the tribunal said review against the judgment in case of Jogender Pal was dismissed by order dated July 15, 2021, and SLP against the same was dismissed as withdrawn later.

In light of the discussion, the respondents are directed not to relieve the applicant from service till the next date of hearing fixed for April 11, 2025. Modification/continuation of the interim direction shall be considered on the next date, the tribunal added.