ACHONG HAOKIP Vs. STATE OF MANIPUR

JUDGEMENT

(1.) A vacancy notice dtd. 19/9/1998 was issued by the Employment Officer for one post of Labour Inspector (General) and one post of Rural Labour Inspector (reserved for ST) in the office of the Deputy Commissioner, Labour, Manipur. The petitioner being eligible applied for the post of Rural Labour Inspector (reserved).

(2.) By a Notice dtd. 25/9/1998, the Deputy Labour Commissioner, Manipur notified that interview for recruitment to one post of Labour Inspector (UR) and one post of Rural Labour Inspector (reserved for ST) will be held on 28/9/1998. Thereafter, Departmental Promotion Committee (DPC) was constituted and the DPC held its meeting on 28/9/1998 wherein, the petitioner was recommended for appointment to the post of Rural Labour Inspector (ST). Consequent to the recommendation made by the DPC, the office of the Labour Commissioner issued a Notification dtd. 14/10/1998 notifying that the petitioner and another person were selected for appointment to the post showing against their respective names. Thereafter, the Office of the Labour Commissioner issued an order dtd. 19/10/1998 appointing the petitioner to the post of Rural Labour Inspector on temporary basis. The order further specified that the appointment of the petitioner is subject to the outcome of the decision of the Gauhati High Court, Imphal Bench in Civil Rule No. 47 of 1994.

(3.) Prior to the issuance of of the vacancy Notice dtd. 19/9/1998, one Mrs. Low Veikhui along with 13 (thirteen) others were initially appointed as Rural Labour Inspector on adhoc basis for a period of 6 (six) months or till the post are filled up on regular basis whichever is earlier by order dtd. 7/2/1991. The said persons who were appointed as Rural Labour Inspector on adhoc basis formed an association in the name and style "All Manipur Adhoc Rural Labour Inspectors' Welfare Association" and filed a writ petition being C.R No. 178(a) of 1992. The said Civil Rule was disposed by an order dtd. 12/12/1992 directing the respondents to constitute a special DPC exclusively for the petitioners. In pursuance to the order dtd. 12/12/1992 passed in C.R No. 178 (a) of 1992, a special DPC was constituted for regularisation of the adhoc appointments of the adhoc Rural Labour Inspectors. The DPC thereafter, recommended all adhoc Rural Labour Inspectors except Mrs. Low Veikhui for regularisation of their adhoc services and the only ground for non-recommendation of Mrs. Low Veikhui by the special DPC was that she had resigned from her service w.e.f., 1/3/1992.