KSH. LAKSHAHEB SINGH Vs. STATE OF MANIPUR THROUGH THE ITS SECRETARY/COMMISSIONER

JUDGEMENT

(1.) HEARD Mr. N.Kumarjit, learned senior counsel appearing for the petitioner and Mr. S. Nepolean, learned Govt. Advocate appearing for the respondents.

(2.) THE present petition has been filed by three writ petitioners seeking quashing of the letter dated 02.02.2013 issued by the Department of Personnel & Administrative Reforms, Government of Manipur to the Manipur Public Service Commission to initiate the process for direct recruitment to the post of Assistant Engineers in the Public Health Engineering Department, Government of Manipur.

(3.) BECAUSE of certain financial crunch faced by the State Government in the past, the State Government took a policy decision in the year 1999 by which a total ban was imposed on appointment under direct recruitment quota. Thereafter, the State Government, considering the continuing acute financial condition of the State Government, issued an order on 19.03.2001 by which all appointments made on part -time, contract, adhoc, substitute, casual basis, etc. on direct recruitment were to be terminated and various Government Departments were also subjected to downsizing of staffs. The ban imposed by the State Government since 1999 is continuing till now except for certain posts in certain Departments as decided by the Government from time to time. The ban has not yet been lifted for appointment under direct recruitment quota as far as the posts of Assistant Engineer in the Public Health Engineering Department is concerned. The petitioners state that at present there are 27 vacancies in the grade of Assistant Engineer in the Public Health Engineering Department most of which are to be filled up by promotion. However, the office of the Chief Engineer, PHED, Manipur vide his letter dated 29.8.2012 submitted a proposal to the Principal Secretary (PHE), Government of Manipur for filling up 25 of the vacant posts by way of direct recruitment. According to the petitioners, till the ban is lifted on direct recruitment, the Department cannot proceed to initiate any action for filling up the vacant posts by direct recruitment and as such, the aforesaid action on the part of the authorities to fill up the vacant posts by way of direct recruitment is not permissible.