MD. YAKUB ALI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The petitioner was called out for duty as member of Home Guards (VA) by an order dated 29.09.1986. While the petitioner was serving as Division Commander (unpaid) he was allowed to look after the day to day duties of Bn-I/(IW) temporarily with immediate effect by an order dated 14.12.2010. Thereafter, the petitioner was given promotion to the rank of Divisional Commander (Paid) with rank honorarium with immediate effect by an order dated 9.8.2016. The private respondent No.4/Md.Wahid Ali was given promotion to the post of Company Commander by an order dated 11.2.2004. By another order dated 19.09.2016, the private respondent No.4 was assigned as acting Division Commander (unpaid) temporarily with immediate effect. The order was issued to make up for the present shortage of Division Commander in the Unit and to better streamline the administration and management of the Unit.

(2.) The petitioner in this writ petition is serving as Division Commander, Home Guards under the Government of Manipur since 2002. The Commander, Home Guards (VA), by a letter dated 7.3.2018 addressed to the Additional Director General of Police (Home Guards), Manipur furnished comments along with the present status of the Battalion Commanders and Division Commanders of Home Guards. In the said letter, the seniority of list of Division Commanders was also given wherein the name of the petitioner appears at Sl.No.1 with the date of promotion indicated as 20.11.2002 and name of the respondent No.4 appears at Sl.No.5 (who is the petitioner in WP(C)) No.17 of 2019) showing his date of promotion as 9.2.2016. Further, in the said letter, it was also requested for promotion of one Th.Ingocha Singh, Division Commander to Battalion Commander-II, Imphal West (vacant post).

(3.) The petitioner is presently serving as Divisional Commander of Manipur Home Guards and posted at Reserve Line, Porompat, Imphal East, Manipur.