KHOISNAM KUBER SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This writ petition has been filed to quash the order dtd. 5/8/2021 of the Department of P&AR conveying the decision of the Government to hold a Review DPC for all the DPCs held since 2013 for promotion of the Range Forest Officers to the Manipur Forest Service Grade-II and consequent order dtd. 7/8/2021 of the Principal Chief Conservator of Forests for holding the review DPC considering the eligible officers as per Rule 5(C) of the Manipur Forest Service (1st Amendment Rules), 2019 and to direct the respondents to hold a fresh Review DPC in connection with 10 vacancies of MFS-II arose during the case of the petitioners as certificate holders in accordance with the provisions contained in the second category of Rule 5(i)(C) of the Manipur Forest Services (Amendment) Rules, 2010 and appoint them to the post of MFS-II with retrospective effect from 2/12/2013 with consequential benefits including monetary benefits in case if the petitioners are selected and recommended by the review DPC and also to consider the representation dtd. 21/8/2021 submitted by the petitioners.

(2.) Heard Mr.Elangbam Premjit, learned counsel for the petitioners; Mr.Lenin Hijam, learned Additional Advocate General for the respondents 1 to 3 and Mr.L.Brizet Devi, learned counsel for the fourth respondent.

(3.) Brief facts in a nutshell are that the petitioners 1 to 3 joined the service as Range Forest Officers on 2/5/1987, 3/5/1988 and 3/5/1989 respectively and while in service, they were awarded certificate holders in Wildlife Management from Wildlife Institute of India on 31/1/2006, 31/1/2011 and 31/1/2008 respectively. By virtue of being certificate holders in Wildlife Management from Wildlife Institute of India read with the provisions contained in the second category of Rule 5(i)(C) of the Manipur Forest Services (Amendment) Rules, 2010 [for short, "the Rules of 2010"] and the final seniority list of Range Forest Officers dtd. 10/2/2009, the petitioners are within the five eligible Range Forest Officers to be considered first for promotion to the post of Manipur Forest Service Grade-II in the Forests and Environment Department, Manipur against 10 vacancies of MFS-II occurred during the period from 2010 to 2013.