Madurai High Court Bench today ordered notice to Principal secretary, Tourism, Culture and Religious Endowments Department, and P Dhanapal, HR&CE Commissioner on an appeal challenging a single judge's order, dismissing a petition challenging reemployment of the Commissioner.
Admitting the appeal filed by the petitioner Rajendran, Justices V Ramasubramanian and V M Velumani ordered issue of notice to the Department's Principal secretary and the HR& CE Commissioner and posted the case for hearing on April 4.
The petitioner submitted that the Commissioner was appointed under Section 9 of the HR and CE Act, under which reemployment of a retired servant was not contemplated.Besides he had been reemployed with the suffix 'Until further orders', which meant it is a contractual appointment. He would hold the post during the Pleasure of the Government.
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Rajendran contended that Dhanapal had been allowed to retire from service. That means his relationship with the government as it's servant was snapped. A retired person cannot be a member of the service as per Rule2(10) of the Tamil Nadu State and Subordinate service rules.
Once a person retires, the vacancy should be filled only in a regular manner. Only if there is a dearth of qualified hands and retired person who has outstanding ability, is there scope for re-employing that person, he submitted.