HC quashes service extension of retired engineer
Source: Hueiyen News Service
Imphal, February 14 2015 :
While reiterating the illegality of service extension of Government servants who have retired on superannuation, the High Court of Manipur quashed the extension/re-engagement of Executive Engineer (Electrical), Electrical Division No.II of State PWD N Rajen who retired on superannuation on February 28, 2014 .
The judgement was passed by Justice N Kotiswar on February 3 in the Writ Petition (Civil) NO.196 of 2014 (RK Bhejendra Singh & five others versus State of Manipur & two others) .
The Court remarked that such extension/re-engagement of a retired person on a substantive post is against the Fundamental Rule 56(d) which clearly says "no government servant shall be granted extension in service beyond the age of retirement of 60 years" .
Moreover, the case of N Rajen does not fall under any of the categories of employees excepted in the Fundamental Rule 56(d), the Court said.
Chief Justice LK Mohapatra of Manipur High Court also passed similar judgement against service extension of retired government servants on September 2, 2014 in the Writ Petition (Civil) No.295 of 2014 (Dr K Rajo Singh versus State of Manipur & two others) .
This judgement will have a wide ramification on the policy of State Government regarding extension and re-engagement of retired employees on substantive posts.
There is still many such kind of extensions/re-engagements of retired employees in various department of State Government.
Advocate Dr RK Deepak was the petitioners' counsel in the case.
Meanwhile, Manipur PWD Electrical Engineers' Association, in a statement, has expressed its gratitude to all concerned for delivery of such landmark judgement in the public interest.