HAJARIMAYUM IBOMCHA SHARMA Vs. STATE OF MANIPUR
LAWS(MANIP)-2019-11-4
HIGH COURT OF MANIPUR
Decided on November 08,2019

Hajarimayum Ibomcha Sharma Appellant
VERSUS
STATE OF MANIPUR Respondents

JUDGEMENT

- (1.) In these writ petitions, the petitioners seek to quash the impugned order/letter No.3/11/2003-DR/DP(Pt) dated 02.02.2013 issued by the Department of Personnel and Administrative Reforms (PD), Government of Manipur and the Advertisement No.7/2/2013-MPSC (DR) dated 07.05.2013 issued by the Manipur Public Service Commission (In short "MPSC "). In WP(C) No. 217 of 2016, the petitioners also sought direction on the respondents to give retrospective seniority corresponding to the vacancies, which arose during 2004 to 2010 in respect of the petitioners along with consequential benefits.
(2.) The common case of the petitioners is that they are Bachelor Degree Holders in Civil Engineering and initially, they joined service as Section Officer, Grade-I in Irrigation and Flood Control Department (In short "IFCD ") during 1978 to 1999. Though there were vacancies to the post of Assistant Engineer, which is the next higher post, the State Government did not fill up the said vacancies in time. In order to extract work of Assistant Engineer from the petitioners, the State Government issued various orders from time to time transferring the petitioners as Assistant Engineers in-charge in their Grade Pay. Some of the petitioners who were in the combined final seniority list amongst Degree Holder Section Officers Grade-I would have been otherwise considered for promotion to the post of Assistant Engineer due to their position in the seniority list during the year 2004 to 2010 and the petitioners continued to stagnate in the same Grade for a long period of about 1978 to 1999 years.
(3.) In pursuance of policy of the Government in the year 2002, the strength of Assistant Engineers in IFCD was reduced to 60 from 82 Assistant Engineers vide order dated 17.09.2002. Again, by the order dated 02.03.2009, the strength of Assistant Engineers was further reduced to 58, which includes 2 Assistant Engineers belonging to Electrical Division and the IFCD now consist of only 56 Assistant Engineers belonging to Civil/Mechanical Division.;


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