MAYANGLAMBAM SARATCHANDRA SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The petitioner Shri Hayanglambam Saratchandra Singh and the respondent No. 3 namely - Th. Sunila Devi have been working as Inspector in the Commerce and Industries Deptt., Govt. of Manipur. By an order dated 26th June, 1999, the respondent Th. Sunila Devi has been promoted to the post of Superintendent (Handloom) on adhoc basis in the said Department for a period of 6 months. Though the petitioner is senior to the respondent No.3, Th. Sunila Devi, he has not been promoted to the said post. Aggrieved by the said order dated 26th June, 1999, the petitioner Shri M. Saratchandra Singh has filed this petition under Article 226 of the Constitution of India for quashing the order of promotion of the respondent No.3, Th. Sunila Devi and for his appointment to the said post.

(2.) I have heard Mr.K.Rabei Singh, learned counsel for the petitioner and Mr. R.S. Reisang, learned Addl. Govt. Advocate for the State respondents as well as Mr. N. Kumarjit Singh, learned counsel for the respondent No.3.

(3.) Undisputedly, in the seniority list maintained in the Department, the petitioner Sri Mayanglambam Saratchandra Singh is senior to the promotee, the respondents No. Mayanglambam Saratchandra Singh succeeds. The order dated 26th June, 1999 (Annexure-A/9) with regard to the promotion of the respondent No. 3. Th. Sunila Devi to the post of Superintendent (Handloom) in the Commerce and Industries Department is quashed and the respondents No. 1 and 2 are hereby directed to appointment the petitioner on adhoc basis to the said post otf Superintendent (Handloom) on promotion. However, the respondents No. 1 and 2 are hereby directed to make regular selection to the post of Superintendent (Handloom) within a period of 3 (three) months from the date of receipt of this order from the Court. No order is passed as to costs.