Three more joined Officiating Director in Punjab and Haryana High Court challenging retirement order.

File No. 50020/29/2015-NIPER

Govt. of India

Ministry of Chemicals and Fertilizers

Department of Pharmaceuticals

Shastri Bhavan, New Delhi

Dated: 2nd March, 2016

To
The Registrar,
NIPER, Mohali

Subject: Relieving of employees working beyond 60 years of age in NIPER, Mohali

Sir,

Please refer to this Department Letter No. 50020/7/2013-NIPER dated 18-3-2015 and your reply dated 20-3-2015 including the comments of the employees working beyond 60 years on the grounds for their continuation. Your response and the comments of the employees working beyond 60 years has been examined by the Department. In your communication it is mentioned that the age of retirement for faculty other than the Dean has been revised from 60 years to 62 years by the BOG in its 21st meeting held on 09.02.1999 and further to 65 years in its 59th meeting held on 23-3-2013 citing provisions of Section 8 (1), 8(2)(a) of the NIPER Act 1998 and clause 3.1.2 (a) and (d) of Statute of the Institute.

2. Subsequently the matter has been examined in depth in consultation with DOPT, Department of Expenditure and Department of Legal Affairs. It was observed by all the Departments that BOG of NIPERs do not have the authority to advance the age of retirement under the Statute. A copy of the minutes of the meeting held on 1-12-15 chaired by Secretary and attended by representatives of DOPT, Department of Expenditure and Departrment of Legal Affairs is enclosed herewith.

3. Further, the subject of continuation of employees beyond 60 years has been referred to Department of Legal Affairs who reiterated their stand that under the NIPER Statute the BOG has no authority to enhance the retirement age beyond 60 years and has asked department to take appropriate administrative action.

4. After considering the opinion of Department of Legal Affairs, the competent authority in the Department decided that employees working beyond 60 years do not hold any authority to continue beyond 60 years under existing statute and has to be relieved forthwith.

5. In light of the above, the Registrar, NIPER Mohali shall take action immediately to relieve the concerned authorities and submit action taken forthwith.

Sd/-

Jitendra Trivedi

Director

Copy to:-
1. OSD to President
2. PS to Hon’ble Minister (C&F)/Hon’ble MOS (C&F)
3. Secretary, Department of Legal Affairs
4. PSO to Secretary
5. SS & FA
6. PS to JS (AA)
7. All NIPERs