Re-employment policy

Respondent accepted terms and conditions of his re-employment, continued to serve Airline Corporation for 13 years, until he retired and also accepted and received retirement benefits

Respondent, 19 years after his re-employment, assailed his terms and conditions before High Court, which petition was allowed

Validity

Claim of respondent for back benefits was hit by doctrine of past and closed transaction, as claim of various affectees including that of respondent had already been rejected by Supreme Court

In earlier proceedings, affectees including the respondent had alleged discrimination and sought back benefits on the ground that certain other affectees were allowed such back benefits

Respondent succeeded in obtaining order in question from High Court, by concealing rejection of his earlier claim by the Supreme Court

Judgment passed by High Court was in conflict with and violative of order passed by Supreme Court and was hit by principle of res judicata

Appeal was allowed.

Re-employment beyond superannuation should be an exception and not the rule, which should be recommended only in cases where government considered that the person was highly competent, with distinction in his profession/field and no qualified experienced person was available from the existing cadres

Retention of the officer should be in the public interest and should not block the promotion prospects of other officers

No request for grant of ex-post facto approval to the re-employment, extension in service, contract employment in any circumstances should be entertained

Administrative secretary concerned should refer the proposal of re-employment to the scrutiny committee in the form of summary, containing recommendation of the Minister incharge

Perusal of the impugned notification of re-employment of respondent revealed that all the provisions contained in the policy notification were not taken into consideration at the time of appointment of respondent

Appointment of respondent was declared illegal and set aside

Writ petition was allowed.