Prayagraj, Feb 6 (PTI) The Allahabad High Court has set aside an order of its single judge that allowed Alok Kumar to work as director of the Indian Institute of Carpet Technology (IICT) in Bhadohi till he attains the age of 65 years, in accordance with service rules.

Allowing a special appeal filed by the development commissioner and others, a division bench comprising Chief Justice Rajesh Bindal and Justice JJ Munir observed, "In the present case, Dr Alok Kumar joined as director of IICT after accepting the terms of his appointment that he will continue to work till he attains the age of 60 years."

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"Hence, he cannot be allowed to approbate and reprobate," it said and added that it means that an individual has to either accept the whole contract or reject the whole thing.

Kumar, a professor in the Uttar Pradesh Textile Technology Institute in Kanpur, was appointed as the IICT's director through an order dated November 15, 2018. It was for a period of three years or on his attaining age of 60 years, whichever was earlier.

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He, while accepting the terms of the appointment, joined the post and worked till the expiry of three years. Thereafter, through a letter dated April 1, 2022, he was granted extension for a period of six months that is up to September 30, 2022.

Subsequently, an advertisement was issued on August 19, 2022, for selection to the post of director of IICT.

Kumar challenged the advertisement requesting the court to quash it and allow him to continue on the post till he attains the age of superannuation that is 65 years.

In its order dated October 14, 2022, the single judge, while quashing the advertisement, declared that Kumar is entitled to work on the post of IICT director till he attains the age of superannuation that is 65 years in terms of Rule 8.2 of the General Service Rule falling under Chapter-II of the IICT Service Rules, 2016.

The development commissioner's counsel challenged the order of the single judge on the ground that Kumar, working with the institute as a professor, applied for the post of director IICT.

Kumar was selected and appointed on a purely temporary basis for a period of three years or on his attaining age of 60 years, whichever is earlier. Later, he was given a six months extension also, the counsel said.

He had consciously and unconditionally accepted the terms of appointment and joined. The appointment of Kumar being temporary, as it was specifically mentioned in the appointment letter, will not confer any right on him for treating him as a director appointed on a regular basis, the counsel argued.

The said judgment was delivered on January 31, 2023.PTI CORR RAJ SAB

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)