MOIRANGTHEM CHOURJIT SINGH Vs. LOYALAKPA WAHENGBAM ANANTA

JUDGEMENT

(1.) THIS writ appeal arises out of judgment and order of the learned Single Judge dated 15.9.2009 in W.P.(c) no. 1002 of 2005. Respondent No.3 was the writ petitioner.

(2.) THE writ petition had been filed challenging the order of Government of Manipur dated 6th July, 2004 according approval to the re - designation of the post of Sports Promotion Officer of Education (S) Department held by the appellant as Joint Director (Sports/Physical) in public interest.

(3.) IN the writ application, a counter affidavit was filed by the State authorities and in the counter affidavit, it was contended that there was only one direct recruitment post of Deputy Director of Education (Physical Education) in the Education Department which was later on re - designated as Joint Director (Physical). The said post was further re - designated as Joint Director (Planning) on 13.2.1998. By virtue of such re - designation, the post of Deputy Director of Education (Physical Education), the post of Joint Director (Physical) did not exit any more. It was further contended in the counter affidavit that pay scale prescribed for the post of Joint Director of Education is Rs.10,000 -15,200/ - per month whereas while re -designating the post of Sports Promotion Officer (Asst. Inspector of Schools) as Joint Director (Sports/Physical) held by the appellant, pay scale was kept at Rs.7500 -12500/ - per month. There being no post such as Joint Director (Sports/Physical) with pay scale of Rs. 7500 -12500/ - per month, recruitment rules did not apply in the present case. The sole post of Deputy Director (Physical Education) which underwent subsequent re - designation and became Joint Director (Planning) carries pay scale of Rs.10,000 - 15200/ - and is occupied by some other officer. Therefore, the writ petitioner cannot have any grievance with regard to re -designation of the post held by the appellant as Joint Director (Sports/Physical). More or less, similar counter affidavit was also filed by the appellant in the writ application.