HC suspends appointment order
Source: The Sangai Express
Imphal, August 28 2012:
The Gauhati High Court has suspended the State Government notification issued in December 2006 ordering A Sarat Kumar Sharma to look after the charge of Additional Director (adult education) .
On December 29, 2006 the Department of Personnel and Administrative Reforms notified that Sharma, Officer on Special Duty (ID) under the Education (U) Directorate, shall look after the charge of Additional Director (adult education) in his grade pay with immediate effect and until further orders in public interest.
Justice TNK Singh issued the suspension order following a writ petition filed by one N Somananda Singh yesterday.
The lawyer, who appeared on behalf of the petitioner, said the case came up after the respondent Sharat Sharma (62) continued to serve the post whose age of retirement on superannuation is 60 years.
His age was also revealed through the provisions of the Right to Information Act.
In an earlier order issued on August 17 by the same Court, it was ruled that the post of Additional Director (Adult Education) is not a teaching post but an administrative post.
"The information under RTI reveals that the date of birth of respondent No 7 (Sharat Sharma) is January 8, 1951 and therefore, he attained the aged of 60 years on January 8, 2011," the Court said.
The August 17 order asked the Government advocate to obtain instruction as to how and why the Sharat Sharma who had already attained the age of superannuation, that is 60 years, is holding the post of Additional Director.
Since the Government lawyers failed to furnish the specific replies , the Court yesterday suspended the operation of the Government's December 29, 2006 order.