I IBOBI SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The controversy centres round the posting and status of the petitioner who was holding substantive post of UDC in the Directorate of Local Self Government and Urban Development, Manipur. By an order dated 1.12.78 (Annexure-A/2) the petitioner was appointed as Head Clerk on deputation for a period of three (3) years in the office of the Planning & Development Authority, Manipur, on the recommendation of a DPC held on 29.11.78 in the scale of pay of Rs. 405-15-495- EB-18-675/- p.m. The respondent No. 3, Director of Local Self Government & Urban Development, Imphal, by his order dated 6.12.78 placed the service of the petitioner at the disposal of the Chairman, Planning & Development Authority, Manipur (for short 'PDA'), for a period of one year for his appointment as Head Clerk on deputation on foreign service terms under FR-110. The Planning & Development Authority by its resolution dated 13.11.81 redesignated the post of Head Clerk as Superintendent in the scale of pay of Rs. 525-1040/- p.m., and the petitioner was appointed to the said post as Superintendent in the office of the PDA by order dated 13.11.81.

(2.) The petitioner while working on deputation in the PDA made an application before the authority for permanent absorption of his service in the PDA. By Office Memorandum dated 16.2.82 (Annexure-A/7) the Chairman, PDA requested the respondent No. 3, Director of Local Self Government & Urban Development, about the intention of the PDA to absorb the service of the petitioner permanently hi the PDA under Rule 1 l(b) of the Manipur Town & Country Planning Rules, 1978, and accordingly, sought no objection certificate from his parent department. By an order dated 27.5.82 (Annexure-A/9) the petitioner was appointed to officiate in the post of Under Secretary (PDA) in the scale of pay of Rs. 500-1350/- p.m. in pursuance of Resolution No. 85 adopted by the PDA, Manipur in its meting held on 15.5.82. By a communication dated 15.9.82, the respondent No. 3, Director, Local Self Government & Urban Development wrote to the respondent No. 2, Secretary, PDA, in continuation of its letter dated 27.7.82 that he could not proceed further in the matter of no objection certificate in absence of resignation letter from the incumbent and also requested the respondent No. 2 to inform the incumbent to tender resignation letter within one month from the date of issue of the letter, in the event the resignation is not submitted within the specified period, it would be presumed that the incumbent had resigned from the post of UDC from the Directorate of Local Self Government & Urban Development, Manipur without any scope of reveision to the Directorate. By an order dated 4.8.83 (Annexure-A/11) the Secretary, PDA, accorded its order of appointment for the petitioner with effect from 7.12.81 until further orders.

(3.) The respondent No. 2 by his communication dated 12.2.85 intimated the respondent No. 3, Director, Local Self Government & Urban Development, Manipur that the service of the petitioner as Superintendent in the office of the PDA was no longer required and, accordingly, the petitioner was reverted to his parent department on 15.2.95 who was attending the office of the PDA after expiry of his 120 days' Earned Leave. By the said letter, the Director of Local Self Government & Urban Development was advised to make necessary arrangement to accommodate the petitioner in the department against his lien post.