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  1. Home/
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  3. High Court Of Manipur/
  4. 2024/
  5. November

Lairikyengbam Tamocha Roy and 2 Ors vs. the State of Manipur Represented by the Chief Secretary and 25 Ors

Decided on 29 November 2024• Citation: WP(C)/308/2024• High Court of Manipur
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                                                              Item No. 12-18      
                            IN THE  HIGH  COURT   OF  MANIPUR                     
                                        AT IMPHAL                                 
                                   WP(C) No. 308 of 2024 with                     
                                 MC(WP(C) No. 106 of 2024 with                    
                                 MC(WP(C) No. 278 of 2024 with                    
                                 MC(WP(C) No. 435 of 2024 with                    
                                  MC(WP(C) No. 47 of 2024 with                    
                                  MC(WP(C) No. 90 of 2024 with                    
                                     WP(C) No. 79 of 2024                         
                     Lairikyengbam Tomocha Roy & 2 Ors.                           
                                                            Petitioner            
                                                          …                       
                                   - Versus-                                      
                     The State of Manipur represented by the                      
                     Chief Secretary & 25 Ors.                                    
                                                       …Respondents               
                                          BEFORE                                  
                       HON’BLE  MR. JUSTICE  A. GUNESHWAR    SHARMA               
                                         O R D E R                                
                     29.11.2024.                                                  
                     [1]      Heard Mr. RK. Mehta, learned counsel assisted by    
                     Mr. E. Premjit, learned counsel and Mr. Niraj Bobby Paonam,  
                     learned counsel for the petitioners, Mr. M. Devananda, learned
                     Addl. A.G. assisted by Mr. Tomclist, learned counsel for the State
                     respondent, Mr. S. Suresh, learned counsel for the Principal 
                     Accountant General and Mr. K. Roshan, learned counsel for the
                     private respondents.                                         
                     [2]      The  petitioners are Executive Engineers in IFCD    
                     Department (now Water Resources Department) and they were    
                                                                   Page 1         

                     promoted to the post of Executive Engineer with effect from  
                     03.02.2018 and their appointment has been upheld by the      
                     common judgment dated 30.10.2023 passed by the Division      
                     Bench of this Court in the batch of writ petitions being WP(C) No.
                     917 of 2017 and etc.                                         
                     [3]      In para 29, the Division Bench upheld the failing   
                     clause inserted in the Recruitment Rules for promotion to the post
                     of Executive Engineer in the Water Resources Department.     
                     [4]      In para 30 of the Division Bench order, it was      
                     observed that out of 25 vacant posts of Executive Engineer, the
                     direct recruit Assistant Engineer could be considered for    
                     promotion to the post of Executive Engineer. The judgment dated
                     30.10.2023 passed by the Division Bench is challenged before the
                                                SLP No. 25889-25894 of 2023       
                     Hon’ble Supreme Court by way of                              
                     and the same is pending. Vide order dated 11.12.2023, the    
                                                                   to be          
                     Hon’ble Supreme Court clarified that any promotion made      
                     subject to the outcome of the special writ petitions. Thereafter, on
                     the basis of the DPC held on 22.12.2023, out of 23 direct recruits,
                     21 Assistant Engineers were promoted to the post of Executive
                     Engineers vide order dated 27.12.2023 giving notional effect from
                     03.02.2018.                                                  
                     [5]      The  petitioners preferred two writ petitions being 
                     WP(C) No. 79 of 2024 challenging the promotion of 21 private 
                                                                   Page 2         

                     respondents dated 27.12.2023 to the post of Executive Engineer,
                     also the posting order dated 16.01.2024 and in writ petition being
                     WP(C) No. 308 of 2024, the petitioners herein challenged the 
                     proceeding of the DPC dated 22.12.2023 recommending the      
                     promotion of 21 private respondents to the post of Executive 
                     Engineer notionally with effect from 03.02.2018.             
                     [6]      Mr. RK. Mehta, learned counsel for the petitioners, 
                     submits that the DPC proceeding dated 22.12.2023 and the     
                     promotion of 21 private respondents dated 27.12.2023 and     
                     posting order dated 16.01.2024 are in violation of the direction of
                     the Division Bench in the order dated 30.10.2023.            
                     [7]      On the other hand, Mr. M. Devananda, learned Addl.  
                     A.G. for the State respondent, has raised the question of    
                     maintainability of the writ petitions to the effect that the petitioners
                     who had already been promoted to the post of Executive       
                     Engineers in the year 2018, cannot challenge the promotion of the
                     private respondents made on 27.12.2023.                      
                     [8]      Mr. K. Roshan, learned counsel for the private      
                     respondent, adopts the submissions of the learned Addl. A.G. 
                     [9]      Mr. S. Suresh, learned counsel for the Principal    
                     Accountant General, refers to the counter affidavit stating that the
                     matter pertaining to appointment and promotion is prerogative of
                     the Administrative Department.                               
                                                                   Page 3         

                     [10]     Mr. RK. Mehta, learned counsel for the petitioner,  
                     has pointed out that it is an admitted fact that the petitioners were
                     promoted in the year 2018 with effect from 03.02.2018 and the
                     private respondents who were promoted in the year 2023 are also
                     given notionally from the same date i.e. 03.02.2018. Since the
                     private respondents were senior to the petitioners in the cadre of
                     Assistant Engineer, by the impugned DPC proceeding dated     
                     22.12.2023 and impugned promotion order dated 27.12.2023, the
                     private respondents would be senior to the petitioners and others
                     who have already been promoted in the year 2018 and the      
                     petitioners are aggrieved by putting the private respondents above
                     them in the cadre of Executive Engineer.                     
                     [11]     At this stage, Mr. M. Devananda, learned Addl. A.G.,
                     submits that the seniority list in the cadre of Executive Engineer is
                     yet to be prepared and the apprehension of the petitioners are
                     pre-matured, as the final seniority list is yet to be finalised.
                     [12]     Mr. K. Roshan, learned counsel, also submits that   
                     the apprehension of the petitioners is pre-matured.          
                     [13]     This Court has considered the materials on record   
                     and the submissions made at the bar.                         
                     [14]     On mere perusal of the proceeding of the DPC dated  
                     22.12.2023 and the promotion order dated 27.12.2023 of the   
                     private respondents to the post of Executive Engineer, it is natural
                                                                   Page 4         

                     for the petitioners to have apprehension that the private    
                     respondents would be put above them in the seniority list.   
                     However, as clarified by the learned Addl. A.G. to the effect that
                     the tentative as well as final seniority list of the cadre of the
                     Executive Engineer in the Water Resources Department is yet to
                     be prepared, there is no injury to the petitioners at the moment.
                     [15]     In the circumstances, this Court is of the opinion that
                     the apprehension of the petitioners of putting the private   
                     respondents above them in the seniority list in the cadre of 
                     Executive Engineer of Water Resources Department is pre-     
                     mature. If the petitioners are aggrieved by the final seniority list of
                     the cadre of Executive Engineer in the Water Resources       
                     Department, they are at liberty to approach this Court by    
                     appropriate proceeding.                                      
                     [16]     Mr. RK. Mehta, learned counsel for the petitioners, 
                     submits that since there is no stay by the Hon’ble Supreme Court
                     in the pending SLP, the State respondent may be directed to  
                     prepare the seniority list of Executive Engineer within a stipulated
                     period of time.                                              
                     [17]     Mr. M. Devananda, learned Addl. A.G., submits that  
                     since the matter is pending before the Hon’ble Supreme Court, it
                     may not be appropriate to the State respondent to prepare final
                     seniority list at its own and the petitioners may be directed to
                                                                   Page 5         

                     submit a representation in this regard and they will consider as per
                     rule.                                                        
                     [18]     Mr. RK. Mehta, learned counsel for the petitioners, 
                     submits that the petitioners will submit a detailed representation to
                     the State respondent within two weeks and the State respondent
                     may consider the case of the petitioners as per rule.        
                     [19]     With this observations and directions, writ petitions
                     are disposed of. Misc. applications are also disposed of in terms of
                     the above observations and directions.                       
                                                            JUDGE                 
                         Kh. Joshua Maring                                        
                KH.       Digitally signed by                                     
                          KH. JOSHUA                                              
                JOSHUA                                                            
                          MARING                                                  
                          Date: 2024.12.03                                        
                MARING                                                            
                          14:58:17 +05'30'                                        
                                                                   Page 6