SHRI RAGHUNATH PRASAD Vs. THE STATE OF MANIPUR REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF MANIPUR

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged an order of 26 May 1988 of the Governor of Manipur allowing the petitioner to pass efficiency bar at the stage of Rs. 1,840.00 raising his pay to Rs. 1,920.00 per month in the scale of pay of Rs, 1630-70-1840-80-EB 80-2320.00 with effect from 1 March 1988 on the ground that he was due to cross the efficiency bar with effect from 1 March 1983.

(2.) Before dealing with the merits of the case, it would be important to note the principles of enforcement of the efficiency bar. Rule 24 of the Fundamental Rules runs as follows :

(3.) The petitioner was appointed by an order dated 30 March 1985 to MCS Grade-I (selection grade) in the scale of pay of Rs, 1630-70-1840-EB 80-2320.00 per month with effect from 10 March 1981. The case of the petitioner is what no Departmental Promotion Committee was constituted then the impugned order dated 26 lay 1988 was passed, and that the concerned authority had failed to apply its mind while considering his case for crossing the efficiency bar.