LAITONJAM THOITHOI SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) In this writ application, the Court is called upon to adjudicate a dispute having a long history. The case of the petitioner as set out in the writ application are as follows:- The petitioner is a degree holder in Vety. Science and Animal Husbandry. He was initially appointed as Vety. Asstt. Surgeon (VAS) on ad-hoc basis on 10.08.1977 and such ad-hoc appointment was extended. His case, thereafter was considered by the DPC in consultation with Manipur Public Service Commission (MPSC) and he was regularized as Vety. Asstt. Surgeon [Extension Officer (A.H.)] Grade-IV of the Manipur Vety. and Animal Husbandry Services on 16.03.1978. A tentative seniority list of the Vety. Asstt. Surgeon working under the department was prepared in June, 1988. In the said tentative seniority list, the name of the petitioner appeared at serial number 17.

(2.) In the year 1994, the Government of Manipur framed Manipur Veterinary and Animal Husbandry Service Rules, 1994 (Annexure A/2) (hereinafter called the 1994 Rules) vide notification No. 12.10.1994. It came into operation from the date of its publication in the official gazette on 17.10.1994. The said 94 Rules contemplated that a service shall be constituted known as "Manipur Vety. and Animal Husbandry Service" (hereinafter referred to as the "Service") consisting of persons to be appointed under Rule 7 of the said Rules. Subsequently, the Rules underwent an amendment on 26.11.1994.

(3.) First Departmental Promotion Committee was convened on 7.12.1994 in terms of the 94 Rules for promotion to the post of Grade-II, III and IV in consultation with MPSC. The said Departmental Promotion Committee recommended the name of the petitioner for promotion to Grade-III. Order of appointment was issued on 13.12.1994. Accordingly, the petitioner joined the post of Dy. Director, MVS Grade-III w.e.f. 13.12.1994.