A recent ruling of the High Court of Manipur delivered by Justice N Kotiswar Singh has quashed service extension of the Government employees who have retired from service on superannuation.
Based on the petition filed by six Engineers of Public Works Department, Government of Manipur against the service extention of one N Rajen Singh, Executive Engineer (Electrical), Electrical Division No II, PWD, Manipur who have retired from service on superannuation on February 8, 2014, High Court of Manipur Justice N Kotiswar delivered the landmark judgment quashing the service extension of the retired Engineer.
Petitioners’ statement maintained that N Rajen Singh, Executive Engineer (Electrical), Electrical Division No II, PWD retired from service on superannuation on February 8, 2014. However, a re-engagement order of the Government extended the term of service of the employee for another one year starting from March 1 to February 28, 2015.
Single bench of High Court of Manipur Justice N Kotiswar heard the statement of the arguments of the Petitioners’ counsel, Government Advocate and Counsel of N Rajen, EE on February 3.
After hearing the arguments, Court of Justtice N Kotiswar quashed the service extension of the Executive Engineer, N Rajen Singh stating that, with exception to those persons working in budget related work or full time member of committee or specialists in the field of Medical and Science, service extension of a retired employee on a substantive post is against Fundamental Rule 56 (d) which clearly provides that “no Government servant shall be granted extension in service beyond the age of retirement of sixty years”. Since the post of Executive Engineer N Rajen does not fall under such category post, his service extension is not allowed by the rule.
In an earlier decision dated Sept 2, 2014 delivered by the Chief Justice LK Mohapatra in Writ Petition (Civil) No 295 of 2014 (Dr K Rajo Singh vs State of Manipur & 2 Ors), the High Court had ruled against such service extensions of Government employees on retirement on superannuation. Despite such earlier court rulings against service extension of retired persons on superannuation, there are many cases of service extensions/re-engagements of retired persons in various Departments of Manipur Government, sources revealed.
In the meanwhile, Manipur PWD Electrical Engineer’s Association Imphal has appreciated the judgement of the Manipur High Court. However, the judgement would have been more effective and justiciable, had it been delivered a little earlier, said the Association in a statement.
