Jolienthang F. Tusing v. State of Manipur and Anr.
2006-04-10
T.NANDA KUMAR SINGH
body2006
DigiLaw.ai
1. Heard Mr. Roshini Piba, learned counsel for the petitioner as well as Mr. Th. Ibohal Singh, learned G.A. appearing on behalf of all the respondents. 2. By this writ petition, the petitioner is asking for a direction to the respondents to show the correct date of regular appointment of the petitioner to the post of Assistant Engineer as well as his educational/technical qualifications and the method of recruitment in the inter se seniority list of the Assistant Engineers prepared by the Government of Manipur in pursuance of the orders of the Govt. of Manipur being No.23-A/79-Agri (Pt), Imphal the 1st May, 1984 and orders of the Governor of Manipur being No.9/4/84-IFC, Imphal the 16th July, 1990. For easy reference, the said 2(two) orders of the Government of Manipur dated 1.5.1984 and 16.7.1990 are quoted hereunder in entirety: “GOVERNMENT OF MANIPUR SECRETARIAT: MINOR IRREGATION DEPTT. ORDERS BY THE GOVERNOR: MANIPUR Imphal the 1st May, 1984 No.23-A/9/79-Agri(Pt): The Governor of Manipur is pleased to appoint Shri Jolienthang F. Tusing, Churachandpur, B.E.(Mech) as Asst. Engineer in Minor Irrigation Department in the scale of pay of Rs.800-40-1360-EB-45-1675/- P.M. on ad-hoc basis for a period of 6(six) months from the date he assumes the charge or till the post is filed on regular basis whichever is earlier. 2. Further, he is posted as A.S.W. , Minor Irrigation Circle against the vacancy caused by the transfer of Shri N. Shimray, A.S.W. transferred to P.W.D. y orders & in the name of the Governor, Sd/- (Shankarlal) Commissioner-cum-Secretary (Agri) Govt.of Manipur.” “GOVERNMENT OF MANIPUR SECRETARIAT: I.F.C.D. DEPARTMENT ORDERS BY THE GOVERNOR:MANIPUR Imphal the 16th July, 1990 No.9/4/84-IFC: In partial modification of this Government's order of even number dated 29.9.87, the Governor of Manipur is pleased to order that the date of regular appointment of Shri J.F. Tusing, Assistant Engineer in Irrigation & Flood Control Department/Minor Irrigation Department, Manipur will be from 24.5.1986 in place of 28.3.1987. This is in accordance with Office Memorandum No.3/2/85-DP (I) dated 31.5.86 issued by the Department of Personnel and Administrative Reforms (Personnel Division), Government of Manipur. By orders & in the name of Governor, Sd/- (L.Jitendra Sharma) Under Secretary(IFC), Govt. of Manipur.” 3.
This is in accordance with Office Memorandum No.3/2/85-DP (I) dated 31.5.86 issued by the Department of Personnel and Administrative Reforms (Personnel Division), Government of Manipur. By orders & in the name of Governor, Sd/- (L.Jitendra Sharma) Under Secretary(IFC), Govt. of Manipur.” 3. From the mere perusal of the said two orders dated 1.5.1984 and 16.7.1990, it is crystal clear that that the educational/technical qualification of the petitioner as per the appointment order issued by the Government of Manipur dated 1.5.1984 is 'B.E.(Mech)'and the effective date of regular appointment to the post of Assistant Engineer is 24.5.1986' and the method of recruitment to the post of Assistant Engineer is 'direct recruitment'. But for the reasons best known to the respondents and also even after repeated representations filed by the petitioner for correction of the mistakes regarding the date of regular appointment, his educational/technical qualification and method of recruitment, the respondents continue to show the effective date of regular appointment of the petitioner to the post of Assistant Engineer as 28.3.1987', method of recruitment as 'promotion' and educational/technical qualification as 'Diploma' in the inter seniority of Assistant Engineers prepared by the Government of Manipur. 4. Taking into consideration of the submissions of the learned counsel for the parties as well as on perusal of the this writ petition is disposed of by directing the respondents to show the educational/technical qualifications of the petitioner as B.E.(Mech) and method of recruitment as direct recruitment according to the said orders of the Government of Manipur dated 1.5.1984 and the effective date of regular appointment of the petitioner to the post of Assistant Engineer as 24.5.1986 according to the said order of the Govt. of Manipur dated 16.7.1990 in the inter se seniority list of the Assistant Engineers of Irrigation and Flood Control Department, Govt. of Manipur. 5. With the above observations and directions, this writ petition is allowed and disposed of. No costs.