Staff Reporter
Guwahati: The Gauhati High Court (HC) observed that, according to the Office Memorandum of 2018, contractual engagement of retired government officers is allowed only in rare and exceptional circumstances. In the case of such engagement, there is a requirement of assessment of satisfactory performance and other grounds.
The division bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury made the remark while hearing a public interest litigation (PIL) filed against the postretirement engagement of MK Yadava (respondent No. 3) by the Government of Assam.
"Yadava, a retired Indian Forest Service (IFS) officer of the Assam-Meghalaya cadre, is presently engaged as Special Chief Secretary (Forest) in the Department of Environment and Forest with full financial and administrative powers, notwithstanding the fact that the Office Memorandum of 2018 allows contractual engagement of retired Government officers only in rare and exceptional circumstances. In that case, there is a requirement of assessment of satisfactory performance for any continuation or re-engagement," the HC observed, while citing many other grounds, which have been raised in the PIL against the re-engagement of respondent No. 3 for the third time.
The HC issued notice to the Assam government and the Secretary to the Government of Assam, Personnel (A) Department, which was accepted by the Additional Senior Government Advocate, on behalf of respondents 1 and 2, and who was directed to file his response to this petition by the next date.
The HC re-notified the PIL on October 15, 2026.
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