KH TOMCHOU SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THE unsuccessful writ petitioner filed the present writ appeal challenging the judgment and order of the learned Single Judge dated 22. 2. 08 dismissing the writ petition, being W. P. (C) No. 476 of 2002, wherein the appellant/writ petitioner sought for issuance of a writ of certiorari for quashing the proceedings of the DPC meeting held on 5. 6. 2000 rejecting the case of the appellant/writ petitioner for regular appointment to the post of Office Superintendent in the office of the Controller of Technical Education, Education Department, Govt. of Manipur which he held for 14 years and 9 months on ad hoc/officiating basis till his retirement on superannuation from service as Superintendent w. e. f. 28. 2. 99 and the letter dated 24. 4. 02 issued by the Dy. Secretary (Hr. and Technical Edn.) Govt. of Manipur and also for a direction to the respondents to regularize the service of the appellant/writ petitioner to the post of Office Superintendent in the office of the Controller of Technical Education, Govt. of Manipur w. e. f. 01. 3. 85 by treating the service of the appellant/writ petitioner as absorbed in the office of the Controller of Technical Education and thereby granting all the consequential benefits including the enhanced pay scale and enhanced pensionary benefits w. e. f. 01. 3. 85.

(2.) HEARD Mr. Kh. Chonjohn, learned counsel appearing for the appellant/writ petitioner and Mr. R. S. Reisang, learned G. A. appearing for the respondents.

(3.) A post of Accountant became available in the office of the Government Polytechnic, Imphal in 1984 and as there was no eligible person in the office of the Government Polytechnic as well as in the office of the Controller of Technical Education for appointment to that post of the Accountant at that time, the appellant/writ petitioner, with his consent and on the request of the Govt. Polytechnic, was deputed to the post of Govt. Polytechnic vide order No. 2/20/66-ED (ii) dated 16. 6. 84 issued by the Director of Education (S), Govt. of Manipur. The tripartite consent of the lending authority, i. e. the Directorate of Education (S), the appellant/writ petitioner and borrowing Department, i. e. Controller of Technical Education, which was essential for sending the appellant/writ petitioner on deputation to the borrowing department, i. e. , to the office of the Controller of Technical Department, Govt. of Manipur, was fulfilled at the time of sending the appellant/writ petitioner on deputation as Accountant in the office of the Principal, Government Polytechnic which is under the control of the Controller of Technical Education for a period of 12 months w. e. f. the date of his joining duty. While the petitioner was on deputation as Accountant in the office of the Principal, Govt. Polytechnic, he was promoted to the post of Office Superintendent in the office of the Controller of Technical Education in the scale of Rs. 762-1540/p. m. with allowances as admissible under the rules on ad hoc basis for a period of 6 months or till the post is filled up on regular basis whichever is earlier vide order of the Govt. of Manipur being No. 3/77/76-S/sc (Tech) (Pt) Imphal the 18th Feb. 1985. Again the requirement of tripartite consent of the lending department, appellant/writ petitioner and the borrowing department was also fulfilled at the time of promoting the appellant/writ petitioner to the post of Office Superintendent in the office of the Controller of Technical Education by the said order of the Govt. of Manipur dated 18. 2. 85.