AHANTHEM ABANI SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This writ petition has been filed seeking a writ of mandamus directing the respondents to count the service of the petitioners commencing from the initial officiating appointment with effect from 3/2/1986 till the regularization for the purpose of pensionary benefits in terms of Rule 13 of Manipur Civil Service (Pension) Rules, 1977 [for short, "the Rules of 1977"] read with Office Memorandum dtd. 5/7/2003.

(2.) Heard Mr. A. Romenkumar, learned counsel for the petitioners and Mrs. L. Monomala, learned Government Advocate for the respondents.

(3.) The case of the petitioners is that on the recommendation of the duly constituted Departmental Promotion Committee (DPC), the petitioners were appointed as Fish Farm Assistant, Revenue Assistant, Gear Assistant, Fish Farm Attendant, Craft Assistant and Laboratory Assistant on officiating basis against the temporary posts lying vacant in the Fishery Department. The petitioners after appointment have been discharging their duties properly and effectively to the satisfaction of their superiors continuously without any break. However, they were suddenly terminated from service without giving any opportunity. Thereafter, by the order dtd. 16/12/1998, the Director of Fisheries has reinstated two petitioners on officiating basis to the posts shown against their names. By the order dtd. 19/12/2011, the Director of Fisheries converted the officiating appointments to contract appointment by protecting their pay.