THONGBAM BRAJAMANI SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) HEARD Mr. Dayananda Singh, learned counsel for the writ petitioner as well as Mr. R. S. Reisang, learned G. A. appearing on behalf of the respondents.

(2.) THE simple case of the writ petitioner is that the petitioner was initially appointed as Store Keeper in the Directorate of Sports and Youth Affairs, Govt. of Manipur on ad hoc basis on 15. 12. 1980 and his ad hoc service as Store Keeper was regularized in the year 1985. He served in the said capacity till he was promoted to the higher post of Store Officer on ad hoc basis vide order dated 11. 10. 1991. On the recommendation of the Manipur Public Service Commission (for short 'mpsc'), his ad hoc promotion to the post of Store Officer was regularized and regularly appointed to the post of Store Officer vide order of the Governor of Manipur being No. 3/13/90-YAS/s, Imphal, the 17th March, 1992 (Annexure-A/1 to the writ petition ). In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Manipur made the rules called "the Manipur Services (Revised Pay) (First Amendment) Rules. 1999" vide notification No. 1/115/98-PIC, Imphal, the 10th March, 1999. Under the said pay revised rules, the post of Store Officer has been enjoying pay scale of Rs. 5500-9000/- per month till date in the Directorate of Youth Affairs and Sports, Govt. of Manipur. There are 6 (six) different type of posts enjoying the same scale of pay of Rs. 5500-9000/- p. m. Those posts are mentioned below : 1. Special Officer, 2. Assistant Director (PLG); 3. Assistant Director (Coaching); 4. Store Officer; 5. Senior Youth Officer and 6. Accounts Officer.

(3.) THEE are as many as 5 posts of Deputy Directors in the Directorate of Youth Affairs and Sports, Govt. of Manipur. The Department of Personnel, Govt. of Manipur sought recommendation from the Manipur Public Service Commission for framing Recruitment Rules for the posts of Deputy Director (Administration/establishment/planning/monitoring/evaluation) in the Directorate of Youth Affairs and Sports, Govt. of Manipur vide letter dated 14. 6. 2000. The MPSC under the letter of the Joint Secretary, MPSC dated 1. 9. 2001 sent the approval of the Commission to the draft Recruitment Rules (for short 'rrs') for the post of (1) Dy, Director of Sports and (2) Dy. Director (Planning/administration ). In the said letter of the Commission dated 1. 9. 2001 it had been clearly mentioned that for giving equal opportunity for promotion to all concerned, i. e. (1) Asstt. Director (Coaching), (2) Sr. Youth Officer and (3) Store Officer, to the higher posts, the Manipur Public Service Commission was of the view that 4 (four) Dy. Directors including the newly created one should have common RRs by putting (1) DYASO-3 posts with 3 years regulars service, (2) Asstt. Director (Coaching)-1 post with 5 years regular service and (3) Sr. Youth Officer-1 post with 5 years regular service on the feeder lines, and Special Officer-1 post, Assistant Director (Planning)-1 post and Store Officer-1 post with 5 years regular service in the respective grades should be considered for promotion to the remaining newly created one post of Dy. Director. For better appreciation, the said letter of the Joint Secretary (MPSC) dated 1. 9. 2001 is hereunder: "no. 5/24/2000-MPSC/rr manipur PUBLIC SERVICE COMMISSION dt. 1st Sept. 2001 to, the Commission (DP)Govt. of Manipur, Imphal. Sub : Framing of RRs for the post of 1 (one)Dy Director (Plg/monitoring and evaluation), (2) Dy. Director (Admn/and estt.) in the Directorate of Youth Affairs and Sports. Sir, in inviting a reference to the DP's letter No. 1/89/2000-RR/dp dated 14th June, 2000 on the above subject, I am directed to say that from the organization chart of the various posts in the Directorate furnished by the Deptt. , it is found that (1) Asstt. Director (Coaching) in the scale of Rs. 5500-9000/- (2) Sr. youth officer in the scale of Rs. 5500-9000/- and (3) Store Officer in the scale of Rs. 5000-9000/- have no line of promotion at present. For giving equal opportunity for promotion to all concerned to the higher posts, the Commission is of the view that 4 (four) Dy. Directors including newly created one shall have common RRs by putting 1) DYASO (Rs. 6500-10,000), 3 posts with 3 years regular service (2) Asstt. Director (Coaching)-1 post in the scale of Rs. 5500-9000/- with 5 years regular service and (3) Sr. Youth Officer (Rs. 5500-9000)-1 post with 5 years regular service on the feeder line. Special Officer-1 post, Asstt. Director (Planning)-1 post and Store Officer-1 post with 5 years regular service in their respective grades may be considered for promotion to the remaining one post of Dy. Director newly created. In other words, 4 posts of Dy, Director there will be 11 post on the feeder line and for one post of Dy. Director there will be 3 posts on feeder line in the ratio of 1:3. Hence, the Govt. is requested to redesignate one post of Dy. Director as Dy. Director (Admn. and Planning) for the purpose. 2. The draft RRs for the post of (1) Dy. Director of Sports and (2) Dy. Director (Planning and Admn.) as approved) by the Commission is enclosed for early notification in the Manipur Gazette. 10 spare copies of the same may please be sent to the Commission for our office record/use. Yours faithfully, sd/- (K. Rabi Singh)Jt. Secretary, Manipur Public Service Commission. "