M. GOGENDRA SINGH & OTHERS Vs. STATE OF MANIPUR AND OTHERS

JUDGEMENT

(1.) (Oral) - In Civil Rule No. 131 of 1989/698 of 1989 and Civil Rule No. 76 of 1992, common questions of law and fact have been raised and therefore, they have been heard together and disposed of by a common judgment.

(2.) The case of the petitioners in Civil Rule No. 76 of 1992 is thus The seven petitioners were appointed as Assistant Agriculture Officer/equivalent (for short, AAO) by way of direct recruitment on ad hoc basis in the Agriculture Horticulture and Soil Conservation Manipur (which we shall refer to as the 'Department'). The petitioners were promoted subsequently as Agriculture Officer ('AO' for short) on ad hoc basis. Five of them had been regularised and two of them are yet to be regularised. The respondents 7 to 39, were appointed as AAO by promotion on ad hoc basis. They had also been promoted as AO on ad hoc basis in the quota of direct recruits. Under the orders of the Government dated 6.11.79, 29. 12. 80, 3. 1. 81, 9.1.81, 14.1.81, 27.11.81, 3.2-81, 2.7,82, 14.11.86, 23.8.86 and 5,11.88, respective dates of appointment of the petitioners and the 33 respondents (respondents 7 to 39) as AAOs and AOs by promotion on ad hoc basis and regularisation, are as follows:- <FRM>JUDGEMENT_11_LAWS(GAU)4_1992_1.html</FRM>

(3.) Under the Recruitment Rules of 1979 for the post of AO in the Department, the method of recruitment was 50% by direct recruitment and 50% by promotion. The Rules of 1970 were substituted by the Recruitment Rules of 1980. Under the Rules of 1980, the method of recruitment was 40% by direct recruitment and 60% by promotion. The Rules of 1980 were substituted by the Recruitment Rules of 1988 which came into force w.e.f. 29.1.88. Under the Recruitment Rules, 1988 the method of appointment is 75% by promotion and 25% by direct recruitment.