The High Court of Manipur on Friday quashed and set aside the engagement of Dr. K Rajo, as the director of medical and health services, on contract basis.
The order was passed by the single bench of Justice A Bimol Singh in response to a petition filed by Dr. P Shyamsunder, challenging the extension of Dr. K Rajo as medical director on contract basis after his retirement.
The court also directed the state to consider the case of the petitioner for his appointment as director of medical and health services, Manipur within two weeks time.
The court was of the view that the engagement of Dr. Rajo was in contravention of the statutory Rules under FR 56(d) and the earlier policy of the state Government imposing complete ban on extension of service of Government servant beyond the age of superannuation. Moreover, it also infringes the fundamental rights of the petitioner guaranteed by Article 14 and 16 of the constitution, it said.
The petitioner has been filed assailing the validity and legality of the engagement of K Rajo to hold the post of director of Medical and Health Services, Government of Manipur, on contract basis for a period of 6(six) months after his retirement from service on attaining the age of superannuation.
The petitioner P Shyamsunder prayed for issuing a direction to the Government for considering the case of the petitioner for his appointment as Director of Medical and Health Services, Manipur.
The petitioner stated that he was initially appointed as Junior Class-I Officer in the Medical Department, Manipur by an order of June, 4, 1988.
Subsequently, on the recommendation of the departmental promotion committee meeting held in association with the Manipur Public Service Commission, he was promoted to MHS Special Grade, order November 21, 2020 issued by the under secretary (DP), government of Manipur.
P Shyamsunder promotion to MHS Special Grade, the petitioner has been posted as Director of Family Welfare Services, while K Rajo has been posted as Director of Medical and Health Service on November 21, 2020.
K Rajo was going to retire from service on attaining the age of superannuation on November 30, 2020 and the Manipur Government issued an order on November 7, 2020 to the effect that the service of K Rajo should be terminated with effect from November, 30, 2020.
But, the state government has decided to continue the functioning of director K Rajo on contract basis after his retirement.
The court judgment also noted that P Shyamsunder is also going to retire from service by end of February 2021.
