HC moved against re-employment of HR and CE Commissioner

A petition was today filed in the Madras High Court Bench here seeking to declare as illegal the post-retirement re-employment of Hindu Religious and Charitable Endowment Department Commissioner P.Dhanapal for a period of three years.
In an interim prayer, the petitioner also sought a stay on the May 31, 2013 Government Order extending the services of Dhanapal after he attained the age of superannuation on that date.
Justice S.Nagamuthu directed the Government Pleader to get instructions and posted the case for hearing to Sept 24.
Petitioner B.Rajendran submitted that Dhanabal attained the age of Superannuation of May 31 last and he was allowed to retire. On the same date, the Principal Secretary to Tourism, Culture and Religious Endowments Department issued an order sanctioning re-employment for a period of three years.

The G.O. Ran counter to the statue of the HR and CE Act Sec 9, Sub sec 2(a), he contended.
The HR and CE commissioner discharged not only administrative function, but Quasi Judicial function.

He exercised the revisional jurisdiction Under Sec 21 of the Act. He exercised appellate Jurisdiction also. That was why the statute provided for filling up the post by transfer from among the members of the State Judicial Service.
The post used to be filled up by appointing IAS officers only. There was no provision for appointing anyone to the post by way of re-employment, he submitted.

The holding of post by Dhanapal was bereft of legal authority. Hence the court should direct to show cause under what authority Dhanapal continued to hold the office of the Commissioner.
The Petitioner also sought to stay Dhanapal from functioning as HR and CE Commissioner during the pendency of the petition.