(1.) THE unsuccessful writ petitioner filed this appeal against the judgment and order of the learned Single Judge dated 09. 04. 2009 dismissing the writ petition being W. P. (C) No. 150 of 2009 filed by the present appellant/writ petitioner, assailing the order of the Govt. of Manipur being No. 1/14/2006-TD (Service), dated, the 13th February, 2009 (Annexure-A/8 to the writ petition) for allowing the private respondent No. 3-Shri L. Gopal Singh to function as Executive Engineer of the Tribal Development Department, Manipur on in-charge basis without extra remuneration with immediate effect and until further orders in public interest and also the order of the Govt. of Manipur being No. 1/14/2006-TD (Service), dated, the 13th February, 2009 (Annexure-A/9 to the writ petition), for transfer and posting/allocation of works of the appellant/writ petitioner and the private respondent No. 3 as the Executive Engineer-I and Executive Engineer-II respectively in the Tribal Development Department, Govt. of Manipur.
(2.) HEARD Mr. Y. Nirmolchand, learned counsel appearing for the appellant/writ petitioner. Also heard Mr. R. S. Reisang, learned Govt. Advocate appearing for the respondent No. 1, Mr. N. Jotendro, learned counsel for the respondent No. 2 as well as Mr. H. S. Paonam, learned counsel for the private respondent No. 3.
(3.) ADMITTEDLY , after coming into effect of the said order of the Govt. of Manipur dated 07. 01. 2005, there is only one post of Executive Engineer in the Directorate for Development of Tribals and Scheduled Castes, Manipur. This fact of existence of only one post of Executive Engineer in the Directorate for Development of Tribals and Scheduled Castes, Manipur is fortified by the letter of the Director of the Directorate for Development of Tribals and Scheduled Castes, Manipur being No. 1/999/2009-DTSC, dated, the 23rd March, 2009, informing the State Government counsel, High Court, Manipur, Imphal, in connection with the related writ petition being W. P. (C) No. 150 of 2009 that there is only one post of Executive Engineer which was created for the Department vide order No. 1/31/79-TW, dated 06. 07. 1979.