While the Chennai Port Trust is contemplating to launch a voluntary retirement scheme to overcome its recent financial losses, the Madras High Court recently ruled that the port's decision to “abolish posts which were not made use of for more than a year” was not arbitrary.

Dismissing a writ petition from junior assistants in the Civil Engg Department of the Port Trust challenging the order dated August 6, 2002 abolishing 18 vacancies in posts of senior assistant, Mr Justice K. Chandru recalled that the Government of India, Ministry of Shipping, had directed in a communication dated November 19, 2001 that all posts lying vacant for over one year should be abolished.

The Port Trust was also directed that resultant vacancies at entry level were not filled up. It was only pursuant to the said communication the impugned circular came to be issued by R-1 (Chairman of Port Trust).

According to petitioners, after completing probation in post of Junior Assistant, one was eligible for promotion as Senior Assistant. This was the normal procedure followed by the Port Trust. They contended that abolition of posts was arbitrary and violative of Article 14 of the Constitution.

The R-1 submitted that according to a judgment of the apex court in K Rajendran vs State of TN [reported in (1962) 2 SCC 273, the Government had power to abolish posts and same could not be questioned by a Government servant.

The Judge said that the Supreme Court in the above order had ruled that whether a post should be retained or abolished was essentially a matter for the Government to decide.

In the light of the above, the writ petitions stood dismissed.

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