Fight over job loss is about seeking justice, Jaruvan says
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Former auditor-general Khunying Jaruvan Maintaka yesterday asked the high court to overturn a lower court verdict which endorsed her removal from office, saying the action that cost her the job was wrongful.
“I do not seek reinstatement as I am happy with my new job as a university lecturer, but I want justice,” she said.
Testifying in her own defence at the Supreme Administrative Court, Jaruvan said the high court should factor in a decision of the Constitution Court, which ruled on relevant charter provisions applicable to her job status.
The case came to light in 2010. Before reaching her mandatory retirement age of 65, Jaruvan designated her deputy Pisit Leelavachiropas to become the acting auditor- general following her exit and pending the nomination of her successor.
A few months into her retirement, Jaruvan resumed working and cancelled her order on Pisit’s job assignment. This triggered legal wrangling about who was the rightful auditor-general.
After the Council of State cited the retirement provision prescribed under the Audit Act, the government sided with Pisit, stopped paying Jaruvan’s salary and evicted her from her office. But the court battle continues.
The ruling of the Central Administrative Court found that Jaruvan had lost her job status due to retirement, therefore she had no mandate to resume office nor to demote Pisit from his position of acting auditor-general.
At the appellate hearing, Jaruvan claimed the Constitution Court had interpreted relevant charter provisions in her favour to continue holding office. But the ruling was left out of the lower court’s decision.
She further cited the coup decree issued in 2006 to empower her to remain in her job until her successor could be appointed by royal command. She said the decree named her to concurrently serve as a member of the State Audit Council. The retirement age for a council member is 70.The high court has concluded the hearing and will schedule a verdict session in due course.
