LAWS(GAU)-2007-9-58

LEISHANGTHEM MADHUMANGOL SINGH Vs. STATE OF MANIPUR

Decided On September 28, 2007
Leishangthem Madhumangol Singh Appellant
V/S
STATE OF MANIPUR Respondents

JUDGEMENT

(1.) Heard Mr. H.S. Paonam, learned counsel appearing on behalf of the petitioners and Mr. Ashok Potsangbam, learned Advocate General, Manipur appearing on behalf of the Government respondents.

(2.) This writ petition has been filed praying for quashing the seniority list of section Officer, Grade-1 dated 11.8.2006, a copy of which is at Annexure-A/12 of the writ petition, in which the petitioners are placed at Sl. Nos. 32, 39, 43 and 44 and for rectifying the said list by placing them at Serial Nos. 2, 3, 4 and 5 respectively.

(3.) There is no dispute that on the recommendation of the selection committee, the petitioners, who are Diploma holders in Civil Engineering and were in Sl. No. 29, 37, 49 and 50 in the panel list, were appointed as section Officers purportedly with the approval of the Government on ad hoc basis for a period of 6 months or till the posts were filled up by regular appointment whichever was earlier. The petitioner No. 1 along with some other were appointed on 18.9.1978 on the said basis and the other petitioners were appointed on 26.10.1978 on the same basis. Annexure-A/3 and A/4 of the writ petition are copies of the above said appointment orders. On 29.4.1982, on the recommendation of DPC held on 13.1.1982, with approval of the Government, the petitioners were appointed as Sec. Officers, Grade-I on regular basis retrospectively w.e.f. 1.1.1981. The petitioners No. 1, 2 and 3 along with some other persons filed C.R. No. 1011/93 praying inter alia for affording regularisation w.e.f. their respective dates of initial Ad hoc appointments. This court directed, vide order dated 26.7.1994 passed in C.R. No. 1011/93, in effect, to regularise the services of the concerned petitioners w.e.f. their respective dates of initial Ad hoc appointments. The relevant dates were 18.9.1978 in respect of petitioner No. 1 and 26.10.1978 in respect of the petitioner Nos. 2 and 3. The petitioner No. 4 also obtained the same benefit on the basis of the order of this court dated 8.2.1999 passed in C.R. No. 1329/98 and as such this court directed to regularise the service of the petitioner No. 4 also w.e.f. the date on which he was appointed on Ad hoc basis, i.e., 26.10.1978. Annexure-A/7 and A/8 are the copies of the said orders of this court passed in C.R. No. 1011/93 and C.R. No. 1329/98 respectively. In compliance with the said directions of this court made in C.R. No. 1011/93 and C.R. No. 1329/98, the concerned Chief Engineer issued necessary orders on 20.8.1997 and 29.5.2001 respectively. Annexures-A/13 and A/14 of the writ petition are the copies of the said orders issued in compliance with the directions of this court.