R K RANDHONI DEVI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The controversy raised in this petition revolves round the appointment to the post of Special Officer, and to be precise the appointment and regularisation of service of the respondent No. 3 to the said post in the Tribal Development Department under the Govt of Manipur which has occasioned in the following circumstances.

(2.) Recruitment to the post of Special Officer in the Tribal Welfare Department under the Stale of Manipur is regulated by a set of Rules known as Manipur (Special Officer/ Tribal Welfare) Recruitment Rules, 1982. The Rules apply to the posts specified in Column- 1 of Manipur Public Service Commission Form No. 8 of the Rules. The post of Special Officer is a Class-I Gazetted post. The post was shown as a selection post. The Regulation prescriibe the Masters Degree of a recognised university as an essential qualification. The method of recruitment is provided in Column- 10 and 11 of the Rules which reads as follows: <FRM>JUDGEMENT_536_GAULT3_2000Html1.htm</FRM>

(3.) The petitioner entered into the service of the Department initially as a Lower Division Assistant on 25.6.1976 who was lateron promoted to the post of Librarian (Upper Division Assistant) on 7.5.1979 on the recommendation of the DPC meeting held on 20.3.1986. The petitioner was appointed on regular basis to the post of Assistant-cum- Caretaker on promotion in the pay scale of Rs.575-25-700-EB-30-940-40-1380/-pm with usual allowances admissible under the Rules with immediate effect against the post created vide order dated 19.3.79 bearing No. 1/31/ 79-TW previously held by Md Siraj Ahmad Shah, promoted to the post of Special Officer. By an order dated 30th August, 1990 said Md Siraj Ahmad Shah, Special Officer of the Deptt. alongwith another person was promoted to the post of Deputy Director in the Department of Tribal Development from 3rd August, 90 against the post created from 3rd August, 90. By order dated 30th November, 90 the above order was modified which reads as follows:- <FRM>JUDGEMENT_536_GAULT3_2000Html2.htm</FRM>