SUKHAM PREMJIT SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This writ petition has been filed by the petitioners seeking a Writ of Quo Warranto to declare the promotion of the fifth respondent to the post of Joint Director, SCERT dated 28.03.2014 as unconstitutional and to direct the official respondents to oust/remove the fifth respondent from the post of Joint Director, SCERT as he is holding the said post without any authority of law.

(2.) The case of the petitioners is that the fifth respondent was earlier serving as Lecturer of the Government Higher Secondary School and posted at Ramlal Paul Higher Secondary School. On 10.5.1999, the services of the fifth respondent was utilised as Joint Director, SCERT, Government of Manipur and later on, he was transferred with post at the Directorate of SCERT to utilise his service as Joint Director. On 27.4.2002, the fifth respondent was absorbed along with his post in his grade pay in the SCERT Department with effect from 11.6.1999.

(3.) The official respondents have initiated steps to publish the Recruitment Rules for the post of Producer in the SCERT Department and accordingly published on 27.11.2002 wherein the post of Lecturers, Project Officer of SCERT with five years regular service in their respective grades and A.I. with seven years regular service in the grade were made eligible for promotion to the said post of Producer. Thereafter, another proposal was made to amend the said Recruitment Rules of Producer by inserting the post of Lecturer of Higher Secondary School possessing five years regular service in the grade with experience in Audio/Visual Education as one of the feeder post for promotion to the said post. However, without accepting the proposals, the Department of Personnel and Administrative Reforms notified the above said Recruitment Rules of Producer in the Gazette without any changes to the said Recruitment Rules, which was notified on 27.11.2002.