Soraisam Gopal Singh and Ors. v. State of Manipur and Ors.
2006-05-11
T.NANDA KUMAR SINGH
body2006
DigiLaw.ai
1. Heard Mr. A. Arunkumar Singh, learned counsel appearing on behalf of the petitioner as well as Mr. Th. Ibohal Singh, learned G.A. appearing for all the respondents. 2. Considering the innocuous prayers made in the present writ petition and also as agreed by both the parties, this writ petition is disposed of at this stage. 3. The fact of the petitioner's case is short and simple. The petitioner was initially appointed as Tabla Accompanist in the erstwhile Manipur Sangeet Mahavidyalaya by an order dated 1.8.1973 issued by the then Principal, Manipur Sangeet Mahavidyalaya, Imphal. Subseqauently, the Manipur Sangeet Mahavidyalaya had been taken over by the Government of Manipur and re-named as the Government Music College. The petitioner is still continuing to serve as Tabla Accompanist since the date of his initial appointment, i.e. 1.8.1973. It is also said that the Governor of Manipur in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India framed the rules called “the Arts & Culture Department, Manipur (Junior Lecturer, Govt. Music College) Recruitment Rules, 1998”, vide notification being No.1/46/80-RR/DP(A), Imphal the 7th November, 1998, a copy of which is available at Annexure-A/4 to the present writ petition. 4. According to the said Recruitment Rules for the post of Junior Lecturer, Govt. Music College, the post of Junior Lecturer in the Govt. Music College are to be filled up 25 % by promotion and 75% by direct recruitment and Accompanist in the concerned subject of Govt. Music College with at least 5 years regular service in the grade is eligible for promotion to the post of Junior Lecturer, Govt. Music College. Since the petitioner has been serving as Accompanist (Tabla) for more than 28 years in regular basis, the present petitioner is very much eligible for promotion to the post of Jr. Lecturer (Tabla) in the Govt. Music College. It is also said that there is a substantive vacancy in the post of Jr. Lecturer (Tabla) in the promotion quota in the Govt. Music College.
Lecturer (Tabla) in the Govt. Music College. It is also said that there is a substantive vacancy in the post of Jr. Lecturer (Tabla) in the promotion quota in the Govt. Music College. The learned counsel for the petitioner, further, submits that the right to be considered for promotion is now a fundamental right according to the decision of the Apex Court in a catena of cases, provided the concerned employee is eligible for appointment by promotion to the higher post according to the relevant recruitment rules and the concerned employee is within the zone of consideration. Here in this case, the learned counsel for the petitioner submits that the petitioner is the senior most Accompanist in Tabla in the Govt. Music College. The learned counsel for the petitioner, further, submits that this court had passed order dated 8.2.1999 in C.R.No.877 of 1997 to the effect that the state respondents shall consider and examine the case of the petitioner for his appointment in the post of Junior Lecturer “Tabla” as and when any vacancy of the said post arises. The learned counsel strenuously submits that even if the substantive vacancy in the post of Junior Lecturer is available, the respondents are not holding DPC for appointment by promotion to the said post of Junior Lecturer “Tabla” in the Govt. Music College. 5. Taking into consideration of the submissions of the learned counsel for the petitioner as well as on perusal of the case of the petitioner in the present writ petition, this writ petition is disposed of by directing the respondents to hold the DPC for appointment by promotion to the said substantive vacancy in the post of Junior Lecturer (Tabla) if the Government really wants to fill up the said post as expeditiously as possible but not later than 3(three) months from the date of receipt of this judgment and order. It is also further, made clear that the case of the petitioner should be considered for appointment by promotion to the said substantive vacant post of Junior Lecturer (Tabla) along with other eligible candidates. 6. With the above observations and directions, this writ petition is allowed. No costs.