Court quashes appt of retd offical to chief engineer post

Court quashes appt of retd offical to chief engineer post

Extraordinary Favour Shown To Officer: HC

TIMES NEWS NETWORK

Chennai:24.12.2020

Asserting that it is not open to the Tamil Nadu government to use ‘pleasure doctrine’ to make illegal appointments, the Madras high court set aside the appointment of a retired officer, whose service as chief engineer of municipal administration was extended a third time.

This court is constrained to hold that the extraordinary favour shown to the officer, who got extension of service continuously for the fifth year, appears to be on an extraneous consideration, Justice V Parthiban said.

The issue pertains to a plea moved by N Natarajan, chief engineer, commissionerate of municipal administration, challenging his transfer to chief engineer in the office of the commissioner, Chennai corporation.

As his replacement, retired officer Pugazhendi, who was principal chief engineer in the Chennai corporation on extension of service, was posted named chief engineer, municipal administration.

When the plea came up for hearing, senior advocate P Wilson representing the petitioner submitted that Natarajan who joined the Tamil Nadu municipal engineering service in 1983 has rendered 35 years of unblemished service.

Pugazhendi, who was chief engineer at Chennai corporation, retired on June 30, 2016. But his service has been extended three times on the ground that his service was required to oversee projects undertaken by the corporation worth ₹12,000 crore, Wilson said.

“Strangely, during the period of extension, Pugazhendi has been shifted and posted in the petitioner's place in the middle of his extended appointment. Therefore, the action of the government again extending the service of Pugazhendi was not on the basis of a bona fide consideration of public interest as it was intended to illegitimately continue his service under one form or the other for extraneous reason,” counsel said.

Opposing the same, advocate-general Vijay Narayan contended that there was nothing amiss in granting extension of service to Pugazhendi as the government was well within its power to grant such extensions.

“It was a normal practice for the government to extend the service of its officers in public interest, particularly, when an officer-incharge was in the midst of overseeing large projects and its execution. Such work should not be affected by the retirement of such officers,” he added.

Refusing to concur, the court set aside the transfer of the petitioner and appointment of Pugazhendi in municipal administration.

Pugazhendi, who was chief engineer at Chennai corporation, retired on June 30, 2016. But his service has been extended thrice