(1.) Since all the matters are inter-related to each other the same were heard together and are being disposed of by the common judgment and order.
(2.) Before coming to the issues involved in these cases, the facts of each case, which need to be taken notice of, are as follows:
(3.) The petitioner, while was working in the Public Works Department, Manipur as Section Officer, his services were placed at the disposal of the Commissioner, Rural Development and Panchayati Raj, Government of Manipur for his appointment as Section Officer in the Rural Development Department vide order dated 2.6.2005 (Annexure P/2) issued by the Joint Secretary, Works, Government of Manipur. On being deputed to Rural Development Department, the petitioner was appointed as Assistant Engineer (Civil) in Manipur State Rural Road Development Agency (MSRRDA) vide order dated 4.2.2006 issued by the Chairman, Manipur State Rural Road Development Agency. However, the petitioner was repatriated to his parent department (PWD) vide order dated 21.11.2008 (Annexure-P/4). Subsequently, the Minister, Rural Development and Panchayati Raj put a note on the file that the petitioner was a key technical officer in implementation of PMGSY and as such, his service is required in the agency. The minister wished that the said proposal be placed before the Hon'ble Chief Minister for placement of the services to the Rural Development department. That proposal seems to have got approval and thereby services of the petitioner was again placed to the disposal of the Commissioner, Rural Development and Panchayati Raj for appointment as Surveyor of Works, (SW)/Executive Engineer in Manipur State Rural Road Development Agency, vide order dated 27.3.2010 issued by the Deputy Secretary (Works) Government of Manipur (Annexure-P/15). Consequently, the petitioner was appointed as Surveyor of Works/Executive Engineer in the Agency vide order dated 24.8.2010 issued by the Additional Chief Secretary (RD and PR) (Annexure-P/7). On being appointed, the petitioner started discharging his function, during which he was entrusted with important duties to be discharged by him. While the petitioner was serving in the Rural Road Development Agency, three posts of Superintending Engineers were created in the said department, which posts were desired to be filled up on deputation by engineers experienced in getting work of road projects implemented in time. Pursuant to creation of the said posts, three persons including the petitioner, who were deputed in the Rural Road Development Agency desired to be appointed on deputation on the post of Superintending Engineers. The said information was given by Chief Engineer, MSRRDA to the Chief Engineer, PWD, Manipur vide its letter dated 28.90.2012 (Annexure-P/9). Pursuant to that letter, Deputy Secretary, Works, Government of Manipur vide its letter dated 5.10.2012 (Annexure P/10) conveyed to the Chief Engineer, MSRRDA regarding approval of the deputation of the three engineers of PWD. After having approval, a screening committee was constituted for taking up the matter relating to appointment on the post of Superintending Engineers. The Screening Committee made recommendation for appointment of the petitioner holding substantive post of Section Officer in the PWD, as Superintending Engineer in MSRRDA on deputation for a period of one year at a time extendable up to maximum period of five years, which got approval of the Government. Intimation of it was given by the Joint Secretary, RD and PR, vide its letter dated 5.11.2012 (Annexure-P/11) to the Principal Secretary, Works Department. The Deputy Secretary, Works, Government of Manipur, in turn, wrote a letter dated 22.11.2012 (Annexure-P/12) to the Additional Chief Secretary (RD and PR) intimating therein that the services of the petitioner being placed at the disposal of the Rural Development and Panchayati Raj got approved by the Government. According to the case of the petitioner, while he was discharging his duty to the full satisfaction of the authority, the Additional Chief Secretary, RD and PR passed an order on 23.11.2012 (Annexure P/13) whereby services of the petitioner was repatriated to the parent department. However, by same stroke of pen, it was also ordered that the petitioner is appointed as Superintending Engineer in the Rural Road Development Agency for a period of one year on deputation basis, under the terms and conditions laid down by the department of Rural Development and Panchayati Raj. According to the case of the petitioner, when he had been appointed on deputation on the post of Superintending Engineer in Rural Road Development Agency, deputation of the petitioner was terminated, which was intimated by the Deputy Secretary, Works to the Joint Secretary, RD and PR vide its letter dated 28.2.2013 (Annexure-P/1). Being aggrieved with the termination of deputation, the petitioner did file writ application bearing WP(C) No.175 of 2013. This Court while hearing the matter at motion stage passed an interim order on 12.3.2013 whereby, operation of the impugned order as contained in letter dated 28.2.2013 (Annexure-P/1) was suspended until further order.