AJIT DHAR Vs. COMMISSIONER/SECRETARY

JUDGEMENT

(1.) THE petitioner, who is retiring on superannuation in the month of February, 2012 is knocking the door of the temple of justice for the matter relating with his promotion to the post of Deputy Director.

(2.) HEARD Mr.A.Romenkumar, learned counsel for the petitioner and Mr.Th.Ibohal, learned senior G.A., appearing for respondent Nos.1 to 4 and Mr.I.Lalitkumar, learned senior counsel appearing on behalf of respondent No.5.

(3.) THE State Government in compliance with the requirements under Article 320(3) (a) and (b) of the Constitution of India consulted the Manipur Public Service Commission (MPSC) by sending proposed amendment to the Recruitment Rules, 1985 vide DP's letter No.1//21/93-RR/DP dated 29.10.1999. THE MPSC under the letter of the Joint Secretary being No.5/25/82-RR/MPSC, Imphal 21.08.2001 approved the draft Recruitment Rules for the post of Deputy Director by giving reasons for approval that "lateral induction of fresh candidates at this level is not desirable. THEre is sufficient number of Assistant Directors on feeder-line and 1/3 of Assistant Directors have been reserved for direct recruitment. Considering all these factors, the method of recruitment may be prescribed as "by promotion" in Column No.10. All Assistant Directors of the Department possessing degree from a recognized University and with five years regular service in the grade may be made eligible for promotion in order to maintain quality."