Manipur High Court
R.K. Lansana Singh vs State Of Manipur & 2 Ors on 18 September, 2023
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
LAIREN Digitally
signed by
MAYUM LAIRENMAYU
M INDRAJEET
Item Nos. 5 & 6
INDRAJ SINGH IN THE HIGH COURT OF MANIPUR
Date:
EET 2023.09.18 AT IMPHAL
16:57:26
SINGH +05'30'
W.P. (C) No. 648 of 2023
With
MC(W.P. (C)) No. 245 of 2023
R.K. Lansana Singh
....Petitioner
- Versus -
State of Manipur & 2 ors.
...Respondents
BEFORE HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA 18.09.2023 [1] Heard Mr. Y. Nirmolchand, learned senior counsel, assisted by Mr. L. Raju, learned counsel for the petitioner; and Mr. Shyam Sharma, learned G.A. for the State respondent Nos. 1 &2.
[2] The present writ petition has been filed by the petitioner challenging the impugned transfer order dated 13.09.2023 passed by the Joint Secretary (Works), Government of Manipur, transferring the petitioner from Executive Engineer, Imphal East to Executive Engineer/Store Divn., and the private respondent No. 3 from i/c Executive Engineer/Store Divn. to i/c Executive Engineer, Imphal East. The main ground for challenge is that the impugned transfer order dated 13.09.2023 is in clear violation of notification dated 12.05.2022 issued by Department of Personnel and Administrative Reforms, Government of Manipur laying down Transfer Policy and Posting for the Government Employees in the State of Manipur. III(i) prescribes that the minimum tenure of an employee at a particular station is 1(one) year and 2 6(six) months and maximum 3(three) years in a place of posting, and III(ii) stipulates that no employee be transferred before completion of 1(one) year 6(six) months in a post unless there are compelling reasons to do the same, and III(xxi) also stipulates that appointments/posting of officers/officials to a higher post/non-cadre post on in-charge basis shall be strictly as per the guidelines issued by the Department of Personnel from time to time. [3] Mr. Y. Nirmolchand, learned senior counsel, has pointed out that the petitioner was promoted to the post of Executive Engineer (E.E.) vide order dated 06.06.2022 on regular basis and his name is shown at serial No. 28, while the private respondent No. 3 was appointed on probation to the post of Assistant Engineer (A.E) vide order dated 20.02.2023 and he is at serial No.
14. It is also stated that the newly appointed A.E. have to undergo 2(two) years' probation period. Vide another order dated 28.07.2023 issued by the Joint Secretary (Works), Government of Manipur, the private respondent No. 3 was posted as i/c EE/Store Divn. from the original posting of AE-IV/Imphal East.
[4] Mr. Y. Nirmolchand, learned senior counsel, submits that the impugned transfer order dated 13.09.2023 has violated the transfer notification dated 12.05.2022 issued by the Chief Secretary(DP), Government of Manipur, laying down the transfer policy for the State Government Employee. It is pointed out that the petitioner was posted as EE on 06.06.2023 and he is yet to complete 1(one) year & 6(six) months as on the date of the impugned transfer order and the private respondent No. 3 who was posted as i/c EE/Store Divn. on 28.07.2023 was transferred as i/c EE, Imphal East in place of the petitioner within 2(two) months. It is submitted that this is in clear 3 violation of the Clause III (i) & (ii) and also Cause V of the notification dated 12.05.2022 issued by Department of Personnel and Administrative Reforms, Government of Manipur laying down transfer policy and posting for the Government Employees in the State of Manipur. In the impugned order, there is no indication that the State Government have taken prior approval of the Chief Minister to relax minimum tenure of the transfer. It is prayed that the impugned order be set aside and this Court may pass interim order to stay or vacate the operation of the impugned order. It is also pointed out to an order dated 02.08.2023 passed by this Court in W.P. (C) No. 546 of 2023 wherein similar transfer was stayed for violation of the notification dated 12.05.2022 laying down the transfer policy.
[5] Mr. Shyam Sharma, learned G.A., submits that the petitioner has submitted a representation dated 14.09.2023 to the Joint Secretary (Works), Government of Manipur, for review and cancellation of the transfer order dated 13.09.2023 and the same is under process. Mr. Shyam Sharma, learned G.A., seeks 2(two) weeks' time for disposal of the representation. Learned G.A. has also pointed out that as per the decision of the Hon'ble Supreme Court, an employee have to first join the new place of posting before challenging the transfer order and it is submitted that the present writ petition is in violation of the direction of the Hon'ble Supreme Court.
[6] Issue Notice. [7] Mr. Shyam Sharma, learned G.A. accepts notice on behalf of
respondent Nos. 1 & 2. Hence, no formal steps is required to be taken. [8] Petitioner is to take steps with respect to respondent No. 3 by speed post within 3(three) working days.
4[9] Petitioner is permitted to file a detailed affidavit.
[10] List this case on 16.10.2023. [11] During the meantime, the effect and operation of the impugned
order dated 13.09.2023 issued by the Joint Secretary (Works), Government is suspended till the next date.
JUDGE Indrajeet