CH. BIMOLCHANDRA SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. Kh. Tarukumar, learned counsel for the petitioners and Mr. Th. Ibohal, learned Advocate General, Manipur, Mr. N. Ibotombi, learned counsel for the Respondent No. 3 as well as Mr. A. Bimol, learned counsel for the private respondents.

(2.) According to the petitioners, 16 vacancies have arisen against the promotion quota in the grade of Assistant Engineer in the PWD which the authorities are seeking to fill up, and out of these, 8 are to be filled up from amongst the Section Officers having Degree/A.M.I.E. qualification and the remaining 8 vacancies from amongst the Section Officers (Diploma Holder) and others and these vacancies arose during the subsistence of the recruitment rules of 1984 as well as recruitment rules of 2009 but prior to the implementation of the recruitment rules of 2013, hence to be filled up in accordance with recruitment rules of 1984 and 2009. According to the petitioners, the petitioners are eligible for consideration for promotion to the said vacant posts of Assistant Engineer in terms of the earlier recruitment rules of 1984 and 2009 as against the 50% sub-quota reserved for Degree/AMIE holders, but the authorities have illegally ignored their cases because of which they have been compelled to approach this Court for appropriate direction.

(3.) Learned counsel for the petitioners contends that the date of eligibility of the petitioners is to be counted either on completion of 3 years from the date of passing i.e. on 19.9.2003, 11.3.1994, 22.3.2005, 10.10.1993, 30.4.2002, or on completion of 4 years of service in the grade of Section Officer (Diploma Holder) which is to be reckoned from the date of entry in service i.e. on 25.7.1984, 3.8.1985, 9.8.1986, 9.8.1986, 9.8.1986. According to the petitioners, since the shorter period of attaining the date of eligibility is to be adopted as provided under Column No. 11(c), the petitioners can claim to have become eligible on completion of 4 years of service in the grade of Section Officer, as mentioned above. According to the petitioners, this determination of eligibility date on the basis of 4 years of service in the grade, from the date of entry in service, is in consonance with the recruitment rules.