NAOREM SARATCHANDRA SINGH Vs. MANIPUR PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) This writ petition has been filed by the petitioners to set aside the impugned Departmental Promotion Committee held on 12/1/2022 against the 8 anticipated vacancies for the post of Executive Engineer and promotion order dtd. 13/4/2022 and to direct the first respondent to recommend the petitioners for promotion to the post of Executive Engineer against the remaining two anticipated vacancies which the Manipur Public Service Commission (MPSC) failed to recommend the eligible candidates in the DPC held on 12/1/2022.

(2.) The case of the petitioners is that they are now serving in the substantive post of Assistant Engineer, but holding the feeder post for promotion to the post of regular Executive Engineer in the Public Works Department, Manipur and discharging as in-charge Executive Engineer. The Works Department furnished eligible candidates and its integrity certificate along with seniority to the MPSC for holding DPC for appointment by promotion to the post of Executive Engineer for 34 clear vacancies and 8 anticipated vacancies of the Executive Engineer. The MPSC held the DPC on 12/1/2022 by recommending 32 Assistant Engineers by promotion to the post of Executive Engineer in Works Department against clear vacancies keeping two post as vacant for Sominthang Singson and Munindro Mangang as both are kept in sealed cover as their integrity are withheld.

(3.) In the DPC held on 5/2/2022, it is clearly stated that the year of vacancy for the year 2021-22 is 8 anticipated vacancies, whereas in the recommendation made by the MPSC for appointment of promotion to the post of Executive Engineer is 6 against 8 anticipated vacancies and the MPSC has not recommended the petitioners for promotion to the post of Executive Engineer as both of them are eligible and within the zone of consideration, which is arbitrary, malafide and discrimination to the petitioners for violation of Articles 14 and 16(1) of the Constitution of India by leaving the petitioners against the two unfilled vacancies of the anticipated.