M.CHINNIAH Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) The relief sought for in these writ petitions are for a declaration, declaring the action of the first and second respondents in continuing the 3rd respondent, as a Director of Collegeiate Education, beyond 30.11.2017 and calling for the records from the 1st respondent relating to G.O.(MS.) No. 344, Higher Education (F1) Department dated 30.11.2017, and quash the same as illegal arbitrary, malafide, without jurisdiction and consequently direct the 1st respondent to appoint the petitioner as the Director of Collegiate Education, TamilNadu forthwith together with all service, monetary and other benefits from 01.02.2018.

(2.) Though it is represented by the learned counsels appearing on behalf of the parties, that the period of extension had already expired and the 3rd respondent was relieved from services, the learned counsel for the writ petitioner states that such a practice of granting an extension without considering the public interest is to be declared as unconstitutional and in violation of the spirit of this rules.

(3.) Undoubtedly, the Government is vested with the power to grant extension of service in the interest of public. However, such power cannot be exercised in a routine manner and the genuine public interest must be considered while granting an order of extension. Extension of services can never be claimed as a matter of right and such extension cannot be granted in an arbitrary manner, against the public interest.