Union of India And Others Vs N. Murugesan Etc. (Supreme Court of India)
The Supreme Court considered appeals arising from a dispute concerning the appointment and tenure of the Director-General of the Central Power Research Institute (CPRI), an autonomous body functioning under the Ministry of Power. The respondent, who had earlier served CPRI for about 23 years before taking voluntary retirement, applied for the post of Director-General pursuant to an advertisement issued in 2009. The appointment was made through direct recruitment after approval by the Appointments Committee of the Cabinet (ACC), with an initial tenure of five years or until further orders, and with eligibility for re-appointment subject to suitability. The respondent accepted these terms, joined the post, and discharged his duties accordingly.
Challenge Raised After Nearly Five Years
The Court noted that the respondent accepted the appointment and its tenure conditions without objection at the time of joining. Only when the five-year tenure was nearing completion did he submit representations claiming that, since he had been directly recruited, he ought to be treated as a regular employee entitled to continue until the age of superannuation. During this period, performance assessments required under the applicable rules were conducted and found satisfactory. However, while considering re-appointment, a report concluded that extending the respondent’s tenure would not be in the institute’s interest. Consequently, the authorities decided to initiate fresh recruitment, leading to the appointment of another candidate.
