MANGLIEN GANGTE Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner to quash the appointment order of the fifth respondent as Resezarch Officer dtd. 13/7/2016 and also the regular appointment issued dtd. 24/12/2016 as Administrative Officer-cum-Research Officer under the Tribal Research Institute, Manipur.

(2.) The case of the petitioner is that on 18/12/2015, an advertisement was issued for appointment to the post of Research Officer in the Tribal Research Institute (for short, "TRI") on contract basis for the pay scale of Rs.13,700.00 per month. Pursuant to the said advertisement, 1 candidates have appeared in the DPC and the fifth respondent, who is the brother-in-law of the then Director, Tribal Affairs and Hills and Scheduled Caste Department, Manipur was appointed by adopting pick and choose policy and also extended favouritism to him by the third respondent. Pursuant to the engagement order dtd. 13/7/2016, the fifth respondent has been continuing to work as Research Officer in the TRI. While so, by an order dtd. 24/12/2016, the Secretariat of Tribal Affairs and Hills Department (TRI) created as many as 10 different posts such as 1 post of Administrative Officer-cum-Research Officer, 1 post of Accountant, 2 posts of Computer Operator-cum-Office Assistant, 1 post of Driver, 3 Office Attendants, 1 Sweeper and 1 Chowkidar respectively.

(3.) Further case of the petitioner is that soon after the creation of the said 10 posts on 24/12/2016, the Commissioner (Tribal Affairs and Hills/TRI) has immediately issued another order on the same day thereby regularising the said newly created post of Administrative Officer-cum-Research Officer having pay scale of Rs.9300.00 34800+GP 5400 in favour of the fifth respondent. According to the petitioner, the said regularisation was made without any DPC and the post of Research Officer cannot be converted into the post of Administrative Officer-cum-Research Officer and such conversion is against the service jurisprudence. It is averred that when the petitioner enquired, he was informed that the Recruitment Rules for the said post of Administrative Officer-cum-Research Officer is yet to be made and the redesignation of the said post is under process. While that being so, the post of Research Officer has been redesignated and regularised in favour of the fifth respondent. Hence, the writ petition.