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High Court of DelhiW.P.(C)/1866/2019

Dr. (Prof.) R. K. Grover v. Government Of NCT Of Delhi And ANR.

2019-02-25Hon'Ble Mr. Justice Suresh Kumar Kait2 pages

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1866/2019 & CM APPLN. 8761-63/2019 DR. (PROF.) R. K. GROVER ..... Petitioner Through Ms.Bina Madhavan, Adv. with Ms.Shreyasi Kunwar, Ms.Akanksha Mehra & Ms.Vasudha Singh, Advs.

versus GOVERNMENT OF NCT OF DELHI AND ANR.

..... Respondents Through Mrs.Avnish Ahlawat, Standing counsel for GNCTD.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 25.02.2019 Vide the present petition, the petitioner seeks direction thereby set aside order dated 08.01.2019 and consequently, quashed the circular dated 11.02.2019 issued by Department of Health & Family Welfare, Government of NCT of Delhi.

It is admitted that the petitioner was appointed as a director of the respondent institute in the year 2006 and continued till 08.01.2019. The tenure of the director is 5 years and may be renewed for another term after 5 years of satisfactory performance and on the recommendation of the Government council, subject to age limit as applicable to similar posts in other premier institutions like the AIIMS and PGIMER etc. under the Government of India.

Admittedly, the termination shall be on either side after giving to the other party notice not less than three months in writing except during the period of probation when no such notice will be required. Admittedly, the petitioner has completed maximum period of 10 years as Director and even thereafter he continued till January 2019. Therefore, above para is not applicable in the present case. Keeping in view the submission of counsel for the petitioner that the petitioner has completed more than 10 years in service and as per the terms of the appointments, the maximum tenure is of 10 years, therefore, he has no right to continue at the present post.

The petition is, accordingly, dismissed.

The pending applications are also disposed of. Order dasti.

` SURESH KUMAR KAIT, J FEBRUARY 25, 2019 ab