Tribunal stays council director’s retirement

Ramkrishan Upadhyay
Tribune News Service
Chandigarh, July 31
Chandigarh Bench of the Central Administrative Tribunal has directed the Chandigarh Administration to keep the relieving order for Dr Surender Singh Dahiya Director, State Council of Educational Research and Training (SCERT), in abeyance and allow him to work on the post till further orders.
Dr Surender Singh Dahiya challenged the order of the administration issued on July 30, 2024 through Sanjay Kaushal, senior advocate along with Ankit Rana, Vivek Thakur and Arjun Dev, vide which he has been relieved from duty on July 31, 2024 from government service on attaining the age of superannuation.
He prayed before the bench that he may be allowed to continue in service up to the age of 65 years.
In the application, Dr Dahiya said that he was appointed Director, State Institute of Education (now State Council of Educational Research and Training (SCERT)) in Professors/UGS (Unrevised) Pay Scale on the recommendations of UPSC. He said that the cadre of SCERT and Government College of Education is a joint cadre and its recruitment rules and seniority is also combined and the educational qualification is the same for both the cadres.
He said that he may be allowed to work till 65 years of age in light of UGC Regulation 2010 and 2018 and further in light of notification dated March 29, 2022 issued by the Ministry of Home Affairs, Government of India and duly adopted by the the Department of Personnel, Chandigarh Administration.
He said that after the coming into force of these rules, the principals/ professors/ associate professors/ assistant professors of government colleges in the UT are being retired at the age of 65 years.
He said that his case is fully covered by the order of Punjab and Haryana High Court in Chandigarh Administration vs. Vin Dosajh case whereby the incumbents were allowed to continue in service till they attained the age of 65 years. After hearing the arguments, the tribunal said that a prima facie case is made out in favour of the applicant and some protection is to be granted. Also, the respondents are directed to keep the relieving order dated July 30, 2024, in abeyance and allow the applicant to work as Director, SCERT till further orders. The tribunal has fixed the next date of hearing for August 14, 2024.