The Delhi High Court on Tuesday posted the hearing on a plea against the extension of the tenure of the Director, Institute of Human Behaviour and Allied Sciences (IHBAS) for March 23 after hearing in the matter briefly on a PIL that has alleged that the incumbent Director continues even after he has attained the age of superannuation.
The petition before the Delhi High Court has been filed by Tej Bahadur Singh, a retired professor from IHBAS, challenging the extension of service tenure of Director, IHBAS Dr. Nimesh G. Desai beyond the age of 65.
The bench headed by the Chief Justice D.N. Patel and Justice Jyoti Singh had on January 6, 2021, sought the response of the government of NCT of Delhi, Ministry of Health and Family Welfare (Delhi government), Satyendra Jain (Health Minister), Dr. V.K.S. Gautam (Officiating Joint Director, IHBAS), Dr. N.G. Desai (IHBAS) and IHBAS. The Delhi High Court noted that this is contrary to the rules and requirements for the appointment of Director.
The counter-affidavit has been submitted by all three respondents and a rejoinder has also been filed by the petitioner of this PIL. The case was listed for final hearing on February 17 and again scheduled for February 23 which now been listed for next month. Meanwhile the Delhi government has already issued the advertisement on February 12, 2021 (IHBAS website) for the post of Director, IHBAS.
“The Institute is an autonomous body registered under the Societies Act 1860, funded jointly by Ministry of Health and Family Welfare, government of India and government of NCT of Delhi. It is submitted that IHBAS is a prime Hospital and its affairs need to be organised and controlled by the authorised and legally selected and appointed person. The affairs of the government Hospital under the garb of autonomous body, cannot be hood winked and the rules and regulations cannot be thrown to the wind,” said the petition.
“As per DoPT rule, the extension to any Government employee can only be granted before the completion of tenure or age of superannuation, it cannot be given retrospectively after passing 18 days of superannuation. In case of superannuation, if any government wishes to give the extension, the government authority must follow certain DoPT rules before the superannuation of the government servant,” explained a DoPT official.
“Dr. N.G. Desai Respondent no. 5 who was appointed as a Director in accordance with the recruitment rules, rather it can be said the existing rules, has attained the age of 65 years i.e. the age of superannuation on 18.10.2020, but he is being permitted to control the activities and affairs of the institution even after the said date and is being permitted to work as Director by Respondent no. 3 and 4, with no authority to do so and their action is totally non-est. It is submitted that the existing recruitment rules not prescribe for such extension at all,” the plea in the high court said.
