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Supreme Court of India 2021-10-07 allowed

UNION OF INDIA AND OTHERS vs N MURUGESAN ETC

Bench: 2 — Sanjay Kishan Kaul, M.M. Sundresh

In Brief

The Supreme Court upheld the Central Power Research Institute's (CPRI) decision to not extend the respondent's tenure as Director-General. The respondent was appointed on a five-year tenure in 2010 with explicit terms that re-appointment depended on suitability. After nearly five years, he sought extension to superannuation. The Court held that: (1) tenure-based appointments through direct recruitment are valid under the rules; (2) the respondent was barred by delay (representing only near tenure-end), laches, and approbation-reprobate (accepting the tenure terms while later claiming permanent status); and (3) the employer's conscious decision, approved by high authorities, to conduct fresh recruitment was not arbitrary. The Court set aside the High Court order granting relief and dismissed the respondent's appeals.

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Constitutional Law Administrative Law Employment Law Tenure Appointment Delay and Laches Approbation and Reprobation

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