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.
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.
