BINOBALA NONGMEIKAPAM Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. H.S. Paonam, learned senior counsel assisted by Mr. S. Gunabanta, learned counsel appearing for the petitioner; Mr. Th. Vashum, learned GA appearing for the respondents No. 1, 2 and 3, Mr. R.S. Reisang, learned senior counsel assisted by Ms. Sirawon, learned counsel appearing for the respondent No. 4 and Mr. M. Gunedhor, learned counsel appearing for the respondent No. 5.

(2.) There is only one post of Joint Director in the Social Welfare Department, Government of Manipur and the said post became vacant on 28/2/2018 due to the retirement of the incumbent holding the said post. Under the recruitment rules of the said post of Joint Director, the method of recruitment is by way of promotion and Deputy Director (SW/ICDS/Trg.) and Assistant Development Commissioner (WP) of Social Welfare Department, Manipur, with five years of regular service in their respective grade, are eligible for promotion. Even though the said lone post of Joint Director became vacant w.e.f. 28/2/2018, the said vacancy could not be filled up as there was no eligible candidate available at the time of occurrence of the said vacancy.

(3.) On the recommendation of a Departmental Promotion Committee meeting held on 14/4/2016 and with the concurrence of the Government, both the petitioner and the respondent No. 5 along with three other officers were given promotion to the posts of Deputy Director in the Social Welfare Department, Government of Manipur, by an order dtd. 16/5/2016 issued by the Principal Secretary (SW), Government of Manipur. The said promotion was given with effect from the date of issue of the said order and the name of the respondent No. 5 and the petitioner appears at Sl. No. 1 and 3 respectively. Subsequently, the Secretariat, Social Welfare Department, Government of Mani-pur, issued an order dtd. 4/10/2019 publishing the Final Seniority List of Deputy Directors of Social Welfare Department, Manipur. In the said Seniority List, the name of the respondent No. 5 appears at Sl. No. 1 and the name of the petitioner appears at Sl. No. 3.