HC Sets Aside State Cabinet's Order of Re-engaging MSPDCL's Retired Managing Director NG. Subhaschandra and ED H. Shantikumar
HY News
30 January, 2023 03:39 pm IST
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A bench headed by Chief Justice Muralidharan, on Monday, set aside the order of re-engagement and service extension of the retired Managing Director of MSPDCL - Ng. Subhas Chandra and ED H. Shantikumar after their retirement.
The bench announced the cancellation of the order of engagement after M. Jasobanta, Superintendant Engineer and two others filed a writ petition to the High Court of Manipur against the order on the ground that the re-engagement of retiring employees and extension of their service would mean nothing but a violation of the rights of younger employees and demoralizing them.
Advocate A. Goldly (Representing the Petitioners) submitted during the hearing that the order of the state government on 5th January 2023, service extension and re-engagement of Retired Managing Director NG. Subhas Chandra and EDH Shantikumar are illegal and are against the decision of the Supreme Court and the High court. He also submitted that the re-engagement would be a violation of the rights of and a blow to the eligible juniors who are fit to sit in the posts.
The petitioner's counsel prayed that the order of re-engagement of the retired Managing Director of MSPDCL - Ng. Subhas Chandra and ED H. Shantikumar be set aside like the High Court dismissed a similar order of the state cabinet of re-engaging the Health Directorate under the WP(C) 638 of 2020. The counsel also prayed the appointment of the petitioner as the Chief Engineer-in-Charge.
While opposing the mentality of the petitioner, respondent counsel Senior Advocate N. Kumarjit submitted to the bench to dismiss the petition in the view that the petitioner is presently working at MSPDCL as the Superintendant Engineer and his writ petition has no locus standi and hench the petition is not maintainable. He also prayed to the bench that no interim order be passed concerning the petition.
However, after listening to the submission of both the counsels and after reading the materials on record, the bench headed by Chief Justice Muralidharan declared the impune order of the state cabinet on 5th January regarding the re-engagement and service extension as a violation of the prevailing order of the High Court on April 20, 2000. The bench stayed the petition and listed the case for hearing on 9th February.
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