Won’t interfere with earlier order on chief engg appointment: HC

Won’t interfere with earlier order on chief engg appointment: HC

TIMES NEWS NETWORK

Chennai:26.01.2021

The Madras high court on Monday refused to interfere with an order quashing the appointment of a retired officer of the Chennai corporation as the chief engineer of the commissionerate of municipalities.

Upholding the order of a single judge in quashing the appointment, the first bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy said, the Tamil Nadu Municipal Engineering Services Rules does not permit such appointment.

“As per the rule, a chief engineer of municipalities has to be selected by promotion from the superintendent engineers of the municipal corporations other than the municipal corporation of Chennai,” the bench said. This apart, such a candidate must have worked in the Tamil Nadu engineering services other than the Chennai corporation, the judges added.

The issue pertains to a plea moved by N Natarajan, chief engineer, Commissionerate of municipal administration challenging his transfer to the post of chief engineer in the office of the commissioner, Chennai corporation. As his replacement, a retired officer Pugazhendi, who was working as principal chief engineer in the Chennai corporation on extension of service was posted as the chief engineer municipal administration.

Allowing the plea, a single judge of the court observed that it is not open to the Tamil Nadu government to use ‘Pleasure Doctrine” to make illegal appointments.

This court is constrained to hold that the extraordinary favour shown to Pugazhendi who got extension of service continuously for the fifth year appears to be on an extraneous consideration, the single judge said while quashing the appointment.

Aggrieved, the state government moved the present appeal challenging the order.

According to Natarajan, Pugazhendi, who was working as a Chennai corporation chief engineer 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 ₹12,000crore.