HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 21050 OF 2021

O R D E R:

Smt. K. Udaya Sri, learned counsel for petitioner submits that petitioner joined respondent Company as Engineer on 20.05.1977; on account of hard work, meritorious service and several achievements, he was promoted as General Manager, Chief General Manager and finally, to the post of Director (Planning & Projects) in 2012. After serving four years and four months as such, he retired on 31.03.2017 on attaining the age of 60 years. Learned counsel submits that consequent upon his retirement, on 31.03.2017, he addressed a letter to Respondent No.1 on 01.10.2017 requesting permission to join as Director in Sushee Hi-tech Projects, which was not having any business relations with Singareni Collieries. This letter was addressed in view of Rule 16.5 of C.D.& A. Rules, 1989. For ready reference, this Rule is extracted below:

“Rule-16.5: "No M-2 and M-3 executive of the company including Functional Directors, who has retired from the services of the company or shall retire in due course, after such retirement, shall accept any appointment or post whether Indian or foreign, with which the 'Company' has or had busin