R K RADHAPYARI DEVI Vs. MANIPUR LEGISLATIVE ASSEMBLY

JUDGEMENT

(1.) BOTH the writ petitions being inter connected and filed by the same petitioner, have been heard together and are being disposed of by this common judgment and order.

(2.) IN the first writ petition, i.e. W.P.(C) No. 727/2010, the challenge made is the Annexure -9 order dated 02.11.2010 by which the respondent No. 3 was promoted to the rank of Principal Private Secretary (PPS) on officiating basis till filling up of the post on regular basis. Such promotion was made in exercise of the power conferred by Rule 9 (2) of the Manipur Legislative Assembly Secretariat (Recruitment and Conditions of Service) Rules, 1972 (hereinafter referred to as the 1972 Rules). In the second writ petition, i.e. W.P.(C) No. 316/2012, the challenge made is Annexure -A/10 order dated 12.03.2012 by which officiating promotion of the respondent No. 3 as PPS has been regularized in purported exercise of the power conferred by Rule 9(2) of the 1972 Rules.

(3.) THE petitioner is admittedly senior to the respondent No. 3 in the rank of Private Secretary (PS). While her date of appointment as PS is 26.07.2006, the date of appointment of the respondent No. 3 as such is 24.02.2007. In the seniority list also the petitioner was placed above the respondent No. 3. Be it stated here that the post of PS is in the cadre of Grade -B officer.