Manipur High Court
Longjam Subhaschandra Singh vs State Of Manipur & 2 Ors on 7 March, 2024
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
JOHN TELEN Digitally signed by
JOHN TELEN KOM
KOM Date: 2024.03.08
10:01:07 +05'30'
Item No. 9-10
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C)No.170 of 2024
With
MC(WP(C))No.140 of 2024
Longjam Subhaschandra Singh
...Petitioner
- Versus -
State of Manipur & 2 ors.
...Respondents
BEFORE
HON'BLE JUSTICE MR. JUSTICE A. GUNESHWAR SHARMA
ORDER
07.03.2024.
[1] Heard Mr. H. S Paonam, learned, learned senior counsel assisted by A. Arunkumar, learned GA appearing for the petitioner. [2] Issue notice in the main petition as well as application for interim relief.
[3] Mr. Shyam Sharma, learned accepts notice on behalf of respondent Nos. 1 & 2 and hence, no formal steps is required with respect to these respondents.
[4] Petitioner is directed to take steps to respondent No.3 by speed post within one week.
[5] Mr. H. S Paonam, learned senior counsel for the petitioner prays that the impugned order dated 25.02.2024 issued by Joint Secretary(DP), Government of Manipur conferring In-charge Joint Director of Craftsmen Training of Directorate of Craftsmen Training to private respondent No.3 be stayed during the pendency of the present writ petition as the same is in violation of the Office Memorandum dated 03.10.2020.
[6] It is stated in the Office Memorandum that in case of non- availability of eligible persons from the cadre, the senior most from the feeder be given In-charge of the higher post in the Department. [7] It is state that post of Joint Director is not cadre post of MCS but is a promotional post from the cadre of Deputy Director and Principal, ITI having 3(three) years regular service in the case of Degree holders in Engineering(Electrical/Mechanical/Automobile) Electronics/Computer Engineering and 8(eight) years in case of Diploma Holders in Engineering(Electrical/Mechanical/Automobile) Electronics/Computer Engineering failing which by deputation and direct recruitment.
[8] The petitioner is serving as Principal in the ITI, Imphal, and the senior most amongst the feeder cadre and after the retirement of the incumbent Joint Director of Craftsmen Training, he was taking the In-charge of Joint Director, Directorate of Craftsmen Training vide order dated 29.12.2023 issued by the out-going Joint Director, Directorate of Craftsmen Tranining, Manipur.
[9] It is stated that the impugned order of conferring In-charge Joint Director of Craftsmen Training of Directorate of Craftsmen Training to the private respondent No.3 is in violation of the Office Memorandum dated 03.10.2020 and impugned order be stayed. [10] Mr. Shyam Sharma, learned GA seeks some time for taking instruction and also stated that no document is filed by the petitioner to show that he is the senior most in the feeder post of Principal, ITI. Hence, he cannot claim the benefit of the Office Memorandum dated 03.10.2020.
[11] Mr. H.S. Paonam, learned senior counsel for the petitioner submits that after the retirement of the senior most Principal, the petitioner is now the most senior in the cadre of Principal, ITI. [12] This Court has considered the materials available on record and submission made by the parties.
[13] Till the next date, the impugned order dated 25.02.2024 with respect to the conferring of In-charge Joint Director of Craftsmen Training of Directorate of Craftsmen Training to private respondent No.3 is suspended.
[14] List on 12.04.2024.
JUDGE
John Kom