PRABIN MONGJAM Vs. STATE OF MANIPUR

JUDGEMENT

(1.) These writ petitions have been filed to quash the notification dtd. 24/11/2021 qua the private respondents, as they are juniors to the petitioners and to direct the second respondent to include the petitioners in the 84th Batch of State Accounts Training as their right for promotion to the ensuing DPC for promotion of UDC is deprived of.

(2.) The case of the petitioners is that on the recommendation of Class III DPC, they have been appointed to the post of LDC/OACC on 7/11/2016 and in the list of appointment order, the names of the petitioners appear at Serial Nos.11, 8, 9, 24, 7 respectively, while the names of the private respondents appear at Serial Nos.15, 28, 34, 35, 13, 58 respectively. According to the petitioners, the seniority list of LDC/OACCO has been published by the Department of Water Resources on 21/3/2020 and, as such, the names of the petitioners found place at Serial Nos.54, 43, 52, 68, 51 respectively and that the private respondents names appear at Serial Nos.137, 138, 139, 140, 57, 59, 72, 79 respectively.

(3.) Further case of the petitioners is that passing of State Accounts Training is a pre-condition for promotion to the post of UDC from LDC and the same can be seen from the Recruitment Rules of UDC published in Gazette on 24/5/2016. As the petitioners are quite eligible and qualified for consideration for promotion to the post of UDC, the Department has already forwarded their names for State Accounts Training, 84th Batch on 12/10/2021, 2/11/2021 and 12/11/2021 respectively. The consideration was pursuant to the notification of the second respondent dtd. 8/10/2021. Further, the parent Department of the petitioners have also furnished the names of the petitioners along with others to the authority on 27/10/2021 for consideration of ensuing DPC for promotion to the post of UDCs. However, the office of the second respondent omitted the names of the petitioners in the selection list for State Accounts Training, 84th Batch, which is very much necessary for the petitioners, however, selected the private respondents who are juniors to them. Hence, the writ petition.