LAWS(GAU)-2012-1-12

KONTHOUJAM PAKA SINGH Vs. STATE OF MANIPUR

Decided On January 31, 2012
KONTHOUJAM PAKA SINGH Appellant
V/S
STATE OF MANIPUR Respondents

JUDGEMENT

(1.) IN this appeal, the appellant has challenged the judgment dated 5th June, 2000 passed by the learned Single Judge in Civil Rule No. 383 of 1995 whereby and whereunder the learned Single Judge partly allowed the prayer of the petitioner stating, inter alia, that the respondents shall convene a meeting of the Departmental Promotion Committee (hereinafter referred to as "DPC" for short) as early as possible for considering the case of the petitioner and other eligible Section Officers for promotion to the rank of Assistant Engineer (Civil) in Public Works Department in accordance with the Recruitment Rules.

(2.) HEARD Mr. N Mahendra, learned counsel for the petitioner as well as Mr. TH Ibohol, learned GA for the respondent Nos. 1 and 2. None appears for the remaining respondents.

(3.) THE respondent Nos. 1 and 2 filed their respective counter affidavits denying the allegations made by the appellant-petitioner and stated therein that the case of the petitioner was also considered for promotion along with the other eligible candidates by the DPC which met on 04.06.1993. Upon consideration of the case of the eligible candidates for promotion, the DPC recommended 28 candidates on merit cum seniority basis for promotion to the said post of Assistant Engineer (Civil), but did not recommend the name of the petitioner for promotion to the said post of Assistant Engineer (Civil) as he was not found suitable. THE respondent State specifically stated in its counter affidavit that at the relevant time of holding the meetings of the DPC, 34 nos. of vacancies of Assistant Engineer (Civil) were available.