SMT. NAMEIRAKPAM INDIRA DEVI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Shri B.P. Sahu, the learned Sr. Advocate appearing for the petitioner; Shri N. Kumarjit, the learned Advocate General appearing for the respondent No. 1, Shri L. Raju, the learned counsel appearing for the respondent No. 2 and Shri Th. Khagemba, the learned counsel appearing for the private respondent.

(2.) By the instant writ petition, the petitioner has prayed for issuing a writ of certiorari or any other appropriate writ to quash and set aside the impugned order dated 06-07-2017 and to direct the respondents to allow her to hold the post of the Project Director (ATMA), Ukhrul in view of the government order dated 20-06-2017 issued by the Under Secretary (Agri), Government of Manipur.

(3.) The facts of the case as narrated in the writ petition are that after the formation of the Society called "the Agricultural Technology Management Agency" (hereinafter referred to as "the ATMA"), the Director of Agriculture, Manipur issued an advertisement dated 07-05-2013 inviting applications from amongst the eligible officers/officials of the Department of Agriculture and Allied Sector for filling up various posts viz. the Director, SAMETI; the Deputy Director; the Project Director (ATMA) and the Deputy Project Director (ATMA) on deputation. After the selection process was over and after the officials having been appointed on deputation basis, the Director of Agriculture, Manipur issued an order dated 20-11-2013 by which they were posted in different places shown against their names. By the said order, the petitioner was posted on deputation as the Deputy Project Director (ATMA), Ukhrul and while she was working in that capacity, the Under Secretary (Agriculture), Government of Manipur issued an order dated 20-06-2017 directing her to work as the Project Director (ATMA), Ukhrul, as stop gap arrangement, in addition to her normal duties until further order and in compliance with the said order, the petitioner submitted her joining report dated 23-06-2017 to the Deputy Commissioner/the Chairman, Governing Board, ATMA, Ukhrul. Since the said order dated 20-06-2017 is silent as to how the taking over and handing over of charge was to be done, the petitioner submitted a letter dated 03-07-2017 to the Director (Agri.), Government of Manipur for taking self-charge. To her shock and surprise, the Deputy Secretary (Agri.), Government of Manipur issued an order dated 06-07-2017 thereby keeping the earlier order dated 20-06-2017 in abeyance without assigning any work of Project Director (ATMA) to the petitioner, on technical ground, until further order. Being aggrieved by the said order dated 06-07-2017, the instant writ petition has been filed by the petitioner on the inter-alia grounds that since the petitioner has been in the ATMA on deputation since 20-11-2013, she ought to be given preference for holding the charge of the Project Director (ATMA). As per the Office Memorandum dated 29-11-2013, while the petitioner is enjoying the scale of pay fixed for the post of the Deputy Project Director (ATMA) at Rs. 15,600-39,100.00 with a grade pay of Rs. 5,400.00, the private respondent who was serving as the Deputy Director in the Directorate of Agriculture was enjoying the scale of pay of Rs. 9,300-34,800.00 with grade pay of Rs. 5,400.00. In a similar circumstance, Smt. A. Sanatombi Devi who was serving as the Deputy Project Director (ATMA) was given the charge of Project Director (ATMA), Senapati vide order dated 06-05-2015 on account of Shri Y. Ranjit Singh, the Project Director (ATMA) being repatriated to the Directorate of Agriculture. The acts of the respondents allowing the private respondent to work as the Project Director (ATMA), Ukhrul without considering the case of the petitioner, are illegal, unlawful, arbitrary, mala fide and discriminatory.