Upholding the reappointment of retired government official Dhanapal as Commissioner of Hindu Religious and Charitable Endowments (HR & CE) Department, the Madurai Bench of the Madras High Court has dismissed a batch of quo warranto petitions challenging his continuance in the post.
Dhanapal was originally appointed HR&CE Commissioner in September 2009 and attained the age of superannuation on May 31, 2013. The same day, the HR & CE Department Principal Secretary issued an order reemploying him in the same post for a period of three years.
Three persons, including a retired HR & CE Department official, approached the court seeking to quash Dhanapal’s reemployment as illegal. The petitioners contended that only IAS officials were usually appointed to the post of HR & CE Commissioner and there was no provision to appoint someone by way of reemployment. This ran contrary to Section 9(2)(a) of the HR & CE Act. The petitioners said Dhanapal was therefore holding the post bereft of authority.
Countering the arguments, Advocate General Somayaji submitted that Rule 45 of the Tamil Nadu Subordinate Service allows the government to appoint/reappoint a competent person in the post. This Rule 9 along with the Special Rules of HR & CE favours the government to appoint him to the post.
Accepting the contention, Justice B Rajendren dismissed the petition holding that no statutory violation has been made out in the case.