THINGANAM ANGOUBA SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) In this writ petition the petitioners, expressed their common grievances and sought for a direction to the State respondents to implement the recommendations submitted by the then Director, Family Welfare Department, under office letter dated 2.11.95, as in Annexure A/29 to the writ petition; to implement or strictly adhere, the mandatory guide-lines, formulated by the Government of India, in respect of staffing pattern, as in Annexure A/2 to the writ petition and, to direct the State respondents not to take up any steps for adoption, of the existing recruitment Rules of District Extension and Media Officer for the post of Assistant Director (Mass Media)/ State Mass Education and Media Officer, and also adoption of recruitment rules; of Health Education Instructors, for Health Education on the basis of the proposal made under office letter dated 19.8.96 and 4.3.96 as in Annexure A/33 and A/34 to the writ petition, coupled with the prayer to restrain, them from filling up of the existing vacant posts of District Extension and Media Officer, Health Education officer, and Deputy District Extension and Media Officer on the basis of the existing related Recruitment Rules.

(2.) Supporting the case of the writ petitioners, Shri H S Paonam, Id. Counsel contended inter alia, that the family welfare programme is a National programme sponsored by the Government of India with 100% assistance and State Government are implementing the programmes For the implementation of the programme uniformly and smoothly all over the country, Government of India prescribed a National Staffing pattern as in Annexure A/2! to the writ petition. State Governments are allowed to create various categories of posts in accordance with the prescribed staffing pattern, that too, with the prior approval and sanction from the Government of India as seen in the document marked as Annexure A/3. No posts is allowed to be created beyond or in excess of the staffing pattern. If any post is found created by the State beyond or in excess of the staffing pattern the State Govt. are to be abolish the posts created in excess as reflected in letter No. G.25011/2/93-SS dated 22.1.96; Government of India, Ministry of Health & Family Welfare (marked as 'X' for identification).

(3.) As per the Staffing pattern, there is one Mass Media/Information Education & Communication Division under the Family Welfare Department, Manipur. For this Mass Media Division Various categories of posts headed by one Assistant Director (Mass Media) have been created by the Government of Manipur. For filling up of these posts Government of India, issued instructions and Guidelines prescribing the method of recruitment; the essential or required educational and professional qualifications etc. as in Annexure A/5. Job functions and working relationship of the various categories of posts have also been prescribed by the Government of India as in Annexure A/7. To implement these instructions strictly by the state, the Government of India issued letters dated 10.6.76 and 2.12.82 (Annexure A/4 and A/8), and made it clear to the State Government that instructions and the Guidelines relating to Staffing pattern and Organisational matters issued by the Government of India are to be implemented in letter and spirit failing which Central Government would find ways and means for its implementation and even the financial assistance would be withdrawn.