Manipur High Court
Md. Zamir Khan vs The State Of Manipur Through The ... on 5 November, 2024
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
Digitally signed by
JOHN JOHN TELEN KOM
TELEN KOM Date: 2024.11.05
16:07:27 +05'30'
Non-reportable
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C)No.454 of 2023
Md. Zamir Khan, aged about 42 years, S/o Zeinul Khan, resident of Irong
Chesaba, PO & PS Mayang Imphal, District, Thoubal, Manipur-795132.
......Petitioner
- Versus -
1. The State of Manipur through the Commissioner/Secretary(SLEE),
Government of Manipur, New Secretariat Building, PO & PS Imphal,
District Imphal West, Manipur-795001.
2. The Deputy Secretary(SLEE), Govt. of Manipur, New Secretariat
Building, PO & PS Imphal, District Imphal West, Manipur-795001.
3. Maisnam Chinglembi Luwang, Deputy Secretary(SLEE), Govt. of
Manipur, New Secretariat Building, PO & PS Imphal, District Imphal
West, Manipur-795001.
4. The Joint Director of Craftsmen Training, Govt. of Manipur, D.C Office
Complex, Lamphelpat PO & PS Lamphel, Imphal West District,
Manipur-795004.
5. Shri Toijam Dhanabir Singh, Instructor (Electronis) Govt. ITI,
Phaknung, PO Lamlong, PS Porompat, Imphal East District,
Manipur795008.
.... Respondents
WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 1
With
WP(C)No.455 of 2023
Toijam Jayanta Kumar Singh, aged about 59 years, S/o (L) T. Mangol
Singh, resident of Khagempalli Huidrom Leikai, PO, Imphal PS
Khagempalli, District Imphal West, Manipur-795001.
......Petitioner
- Versus -
1. The State of Manipur through the Commissioner/Secretary(SLEE),
Government of Manipur, New Secretariat Building, PO & PS Imphal,
District Imphal West, Manipur-795001.
2. The Deputy Secretary(SLEE), Govt. of Manipur, New Secretariat
Building, PO & PS Imphal, District Imphal West, Manipur-795001.
3. Maisnam Chinglembi Luwang, Deputy Secretary(SLEE), Govt. of
Manipur, New Secretariat Building, PO & PS Imphal, District Imphal
West, Manipur-795001.
4. The Joint Director of Craftsmen Training, Govt. of Manipur, D.C Office
Complex, Lamphelpat PO & PS Lamphel, Imphal West District,
Manipur-795004.
5. Shri Nganbam Iboyaima Meetei, Instructor(Welder), Govt. ITI, Chandel,
resident of Kangla Shangomshang, PO Lamlong, PS Porompat, Imphal
East District, Manipur-795008.
.... Respondents
With
WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 2
WP(C)No.456 of 2023
Longjam Dineshwor Singh, aged about 52 years, S/o (L) L. Ibomcha Singh,
resident of Haobam Marak Keisham Leikai, PO Imphal, PS Singjamei,
District Imphal West, Manipur-795001.
......Petitioner
- Versus -
1 The State of Manipur through the Commissioner/Secretary(SLEE),
Government of Manipur, New Secretariat Building, PO & PS Imphal,
District Imphal West, Manipur-795001.
2 The Deputy Secretary(SLEE), Govt. of Manipur, New Secretariat
Building, PO & PS Imphal, District Imphal West, Manipur-795001.
3 Maisnam Chinglembi Luwang, Deputy Secretary(SLEE), Govt. of
Manipur, New Secretariat Building, PO & PS Imphal, District Imphal
West, Manipur-795001.
4 The Joint Director of Craftsmen Training, Govt. of Manipur, D.C Office
Complex, Lamphelpat PO & PS Lamphel, Imphal West District,
Manipur-795004.
5 Shri Soibam Johnson Singh, Instructor(Welder), Govt. ITI Kakching
Wairi, PO, PS & District Kakching, Manipur-795103.
.... Respondents
With
WP(C)No.457 of 2023
WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 3
Ngariyanbam Bankim Chandra Singh, aged about 57 years, S/o (L) Ng.
Rashbihari Singh, resident of Uripok Tourangbam Leikai, PO & PS, Imphal
District Imphal West, Manipur-795001.
......Petitioner
- Versus -
1 The State of Manipur through the Commissioner/Secretary(SLEE),
Government of Manipur, New Secretariat Building, PO & PS Imphal,
District Imphal West, Manipur-795001.
2 The Deputy Secretary(SLEE), Govt. of Manipur, New Secretariat
Building, PO & PS Imphal, District Imphal West, Manipur-795001.
3 Maisnam Chinglembi Luwang, Deputy Secretary(SLEE), Govt. of
Manipur, New Secretariat Building, PO & PS Imphal, District Imphal
West, Manipur-795001.
4 The Joint Director of Craftsmen Training, Govt. of Manipur, D.C Office
Complex, Lamphelpat PO & PS Lamphel, Imphal West District,
Manipur-795004.
5 Shri Takhelmayum Ronex Singh, Instructor(Welder), Govt. ITI,
Senapati, PO, PS & District Kakching, Manipur-795103.
With
WP(C)No.642 of 2023
Shri Pechimayum Geetchandra Meitei, aged about 51 years, S/o P.
Biramangol Singh, resident of Kongpal Khaidem Leikai, PO & PS
Porompat, District Imphal East, Manipur-795005.
......Petitioner
WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 4
- Versus -
1 The State of Manipur through the Commissioner/Secretary(SLEE),
Government of Manipur, New Secretariat Building, PO & PS Imphal,
District Imphal West, Manipur-795001.
2 The Deputy Secretary(SLEE), Govt. of Manipur, New Secretariat
Building, PO & PS Imphal, District Imphal West, Manipur-795001..
3 The Joint Director of Craftsmen Training, Govt. of Manipur, D.C Office
Complex, Lamphelpat PO & PS Lamphel, Imphal West District,
Manipur-795004.
4 Shri Takhelmayum Ronex Singh, Instructor(Welder), Govt. ITI,
Senapati, resident of Khurai Kongpal Chigangbam Leikai, PO Lamlong,
PS Porompat, Imphal East District, Manipur-795005.
.... Respondents
BEFORE
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
For the Petitioners : Mr. Kh. Tarunkumar, Sr. Adv.
For the Respondents : Mr. Y. Ashang,GA & Mr. Th. Jugindro,
learned Adv.
Date of reserved : 03.04.2024.
Date of order : 05.11.2024
WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 5
JUDGMENT & ORDER
(CAV)
[1] Heard Mr. Kh. Tarunkumar, learned senior counsel appearing
for the petitioners in all the writ petitions, Mr. Y. Ashang, learned GA for the
State respondents and Mr. Th. Jugindro, learned counsel for the private
respondents.
[2] These writ petitions have been filed by the petitioners praying for
quashing the impugned order dated 08.06.2023 and to direct the official
respondents to allow the petitioners to hold the post of Principal of the Govt.
ITI on in charge basis, in various Districts such as Chandel, Phaknung (Imphal
East), Kakching, Chandel and Senapati, Manipur.
Brief facts of WP(C)No.454 of 2023
[3] The petitioner in WP(C)No.454 of 2023, a Diploma holder in
Mechanical Engineering, was initially engaged as Crafts Instructor, Motor
Mechanic on contract basis in the month of February, 2009 on the
recommendation of the duly constituted selection committee. Thereafter, his
service was regularized to the said post on 16.12.2016.
[4] On 14.01.1983, the Deputy Secretary (DP), Govt. of Manipur
issued a notification whereby the Recruitment Rules for the post of Supervisor
WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 6
and Superintendent (Tech.), Govt. ITI was published. As per the said R.R.,
the said post is to be filled up by promotion from the Matriculate Crafts
Instructor (Engineering Trade) having trained in CTI with 5 (five) years regular
service in the grade. The said Training Couse of CTI was later on changed as
Crafts Instructor Training Scheme (CITS) and on 29.05.1997, the Under
Secretary (DP), Govt. of Manipur issued a notification whereby the
Recruitment Rules for the post of Crafts Instructor/Vocational Instructor (Trade
Theory, Workshop Calculation and Science & Engineering Drawing) was
published. As per the said Recruitment Rules, a matriculate who have passed
3 (three) years diploma in the appropriate branch of Engineering from a
recognized institute who possessed the certificate under Crafts Instructor
Training Scheme (1 year Course) or who have completed minimum two
modules viz, Teaching Methodology Module (3 months duration) and Trades
Technology Modules (6 months duration) under Craft Instructor Training
Programme on modular pattern or should have passed 1 (one) year course
from a Technical Teaching Institute (TTTI), under M/O HRD are eligible for
appointment to the said post of Instructor.
[5] On 22.12.2006, the Under Secretary (DP), Govt. of Manipur
issued an order whereby the Recruitment Rules for the post of Principal, (ITI),
WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 7
Craftsmen & Training was notified. The said post is to be filled by promotion,
failing which by direct recruitment. As per the said R.R., the said post is to be
filled up by promotion from the Supdt. (Tech.) Supervisor (Tech.) possessing
Degree in Electrical/Mechanical Electronics Civil Computer Automobile Engg.
from a recognized University/Institute with 5 years regular service in the grade
and in the case of Diploma Engg. holder 8 years regular service in the grade
FAILING WHICH Crafts Instructor Vocational Instructor (Engg.) possessing
Degree in Electrical Mechanical Electronic Civil Computer Automobile Engg.
from a recognized University/Instructor with 10 (ten) years regular service in
the grade and in case of Diploma Engineering holder with 12 (twelve) years
regular service. On 03.10.2020, the Special (DP), Govt. of Manipur issued an
Office Memorandum regarding the conditions for making in-charge
appointments. As per the said office memorandum, the following conditions
are clearly laid down:-
(i) Appointment on in charge basis shall be made against a post only
when there is no official eligible as per RR to fill up the said post,
either by direct recruitment or by promotion through duly constituted
DPC.
WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 8
(ii) In the absence of any official eligible as per RR to fill up a particular
post, the senior most person amongst cadre/official belonging to the
feeder post of the said particular post shall be appointed to hold the
said post on in-charge basis, at no extra remuneration and in
addition to the substantial post held by the appointee in the lower
post. Needles, to say, the appointee shall draw pay against the lower
post substantiality held by him.
(iii) Where no arrangement can be made as in para (ii) above, an in-
charge appointment shall be made to a vacant post from a person
holding a similar post (at some rank and/or designation), at no extra
remuneration.
(iv) An official appointed on in-charge basis against any post shall have
the same financial power as per appointed on substantial basis
against the said post would enjoy.
[6] Thereafter, on 09.03.2021, the Special Secretary (DP), Govt. of
Manipur issued another office memorandum whereby another instruction
regarding the in-charge appointment in addition to the aforesaid Office
Memorandum dated. 03.10.2020 was added. As per the said Office
Memorandum, the following instruction has been added as instruction No. v:-
WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 9
"Integrity certificate based on Vigilance clearance, non-pendency of
Departmental Enquiry, non-pendency of FIR cases which has been taken
cognizance by Magistrate etc. is mandatory for in-charge appointments,
especially the Head of Departments." On 15.12.2021, the Joint Director of
Craftsmen Training, Govt. of Manipur issued a memorandum whereby the
final seniority list of the Craft Instructors (Engineering & Non-Engineering) of
the Directorate of Craftsmen Training (ITI), Manipur was published. In the said
final seniority list, the name of the petitioner appeared at Sl. No. 52 and the
name of the private respondent appeared at Sl. No. 30 and thereafter, on
07.01.2022, the petitioner was appointed on promotion to the post of
Superintendent (Tech.) on regular basis. This post of Superintendent (Tech.)
is a higher post to the post of Crafts Instructor. The said DPC for promotion to
the post of Superintendent (Tech.) was held in association with MPSC. The
respondent No. 5/private respondent was not considered by the said DPC
meeting as he does not possess the qualification of CITS Course/Training.
[7] On 10.02.2023, the Joint Director of Craftsmen Training, Govt.
of Manipur wrote a letter to the Joint Secretary (SLEE), Govt. of Manipur
wherein a proposal was made to transfer the petitioner as Principal of Govt.
ITI, Phaknung (IE) on in-charge basis in addition to his normal duty without
WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 10
any additional or extra remuneration etc. In the said letter, it was clearly
mentioned that the post of Superintendent (Tech.) which is holding by the
petitioner is equivalent to the post of Vice-Principal and he also possessed
CITS (Crafts Instructor Training Scheme) qualification and became a feeder
post holder of Principal. However, disregarding the recommendation, the
Deputy Secretary (SLEE), Government of Manipur issued impugned order
dated 08.06.2023 issued transfer and posting order thereby making one
regular and four in charge Principals of Govt. it is at Takyel, Senapati,
Phaknung, Chandel and Kakching. The petitioner, herein Md. Zamir Khan who
has been promoted to Superintendent (Tech.) on 07.01.2022 challenges the
posting of respondent No.5- Toijam Dhanabir who is only a Craft Instructor as
in charge Principal, Govt. ITI, Phaknung amongst on the grounds- (i) the
petitioner is holding a higher post of Superintendent (Tech), Class-II Gaz. at
Level-8; (ii) respondent No.5 is holding post of Craft Instructor, Class-III Non-
Gaz. at Level 7; (iii) In the RR for Principal, ITI, Superintendent and Supervisor
(Tech.) are preferred in the feeder post and Craft Instructor comes in the failing
clause; (iv) respondent No.5 cannot be considered as senior to the petitioner
on the basis of the seniority list of Craft Instructor issued on 15.12.2021, as
the petitioner has been promoted to the post of Superintendent (Tech) on
WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 11
07.01.2022 on regular basis. It is submitted that the impugned order is in
violation of the Office Memorandum dated 03.10.2020 issued by the State
Government for making in charge appointment to the seniormost in the feeder
cadre, when none is eligible for appointment on regular basis and subsequent
OM.
[8] In the counter affidavit of the State respondents, it is stated that
the in charge arrangement is as per the OM. It is pointed out that the
respondent No.5 is at serial number 30 while the petitioner is at 52 in the
Seniority List of the Craft Instructor dated 15.12.2021. It is further stated that
Craft Instructor is also a feeder post for appointment as Principal, Govt. ITI. It
is also highlighted that the petitioner is in probation in the post of
Superintendent and as such the seniority position of the Craft Instructors will
have a bearing in making in charge arrangement. Respondent No.5 has also
taken the stand that he is senior to the petitioner in the cadre of Craft Instructor
and he is also eligible for appointment as Principal, Govt. ITI.
[9] In the rejoinder affidavit, the petitioner clarifies that the
probationary period in the higher cadre of Superintendent will not take away
his higher position that the post of Craft Instructor. It is pointed out that Craft
Instructor comes in the feeder cadre for promotion to Principal under the
WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 12
default clause thereby meaning that the Superintendent and Supervisors are
to be given preference.
Brief facts of WP(C)No.455 of 2023
[10] The petitioner in WP(C)No.455 of 2023, a BSc degree holder and
PGDCA (Post Graduate Diploma in Computer Application), was initially
engaged as Crafts Instructor, COPA on contract basis on 21.05.2003 at the
Govt. ITI, Chandel on the recommendation of the duly constituted selection
committee and his service was regularized to the said post on 16.12.2016.
[11] On 29.05.1997, the Under Secretary (DP), Govt. of Manipur
issued a notification whereby the Recruitment Rules for the post of Crafts
Instructor/Vocational Instructor (Trade Theory, Workshop Calculation and
Science & Engineering Drawing) was published. As per the said Recruitment
Rules, a matriculate who have passed 3 (three) years diploma in the
appropriate branch of Engineering from a recognized institute who possessed
the certificate under Crafts Instructor Training Scheme (1 Year Course) or who
have completed minimum two modules viz, Teaching methodology module (3
months duration) and Trades Technology modules (6 months duration) under
Craft Instructor Training Programme on modular pattern or should have
WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 13
passed 1 (one) year course from a Technical Teaching Institute (TTTI), under
M/O HRD are eligible for appointment to the said post of Instructor.
[12] The petitioners have successfully completed/passed the
National Craft Instructor certificate course conducted by the Directorate
General of Training, Ministry of Skill Development and Entrepreneurship,
Govt. of India on 03.04.2020. In this regard, a certificate was issued in favour
of the petitioner by the Govt. of India.
[13] On 15.12.2021, the Joint Director of Craftsmen Training, Govt.
of Manipur issued a memorandum whereby the final seniority list of the Craft
Instructors (Engineering & Non-Engineering) of the Directorate of Craftsmen
Training (ITI), Manipur was published. In the said final seniority list, the name
of the petitioner appeared at Sl. No. 10 in respect of the Crafts Instructor,
COPA (Non-Engineering) and the name of the private respondent appeared
at Sl. No. 25 in respect of the Crafts Instructor (Engineering).
[14] The Deputy Secretary (SLEE), Govt. of Manipur issued an order
on 08.06.2023 whereby the private respondent/respondent No.5 was
transferred and posted as in-charge Principal, Govt. ITI, Chandel, Manipur. It
is stated that the respondent No.5 is not eligible for appointment as Principal,
since he does not possess certificate under Crafts Instructor Training Scheme
WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 14
as per the RR of Crafts Instructor, 1977. It is further pointed out that the
petitioner was holding in charge Principal, when the regular Principal was on
leave and one in charge appointment cannot be replaced by another in
charge.
[15] In the counter affidavit of the State respondents, it is pointed out
that the petitioner belongs to the Craft Instructor of Non-Engineering trade and
as per RR for appointment of the Principal of ITI, the feeder cadre should
belong to the Engineering trade. The petitioner is at number 10 of the Crafts
Instructor (Non-Engineering) while the respondent No.5 is at serial number 25
of the Crafts Instructor (Engineering). An eligible person cannot be appointed
on the basis of seniority position. Respondent No.5 has also reiterated that
petitioner is not eligible as he belongs to non-Engineering trade and his
appointment as in charge Principal of Govt. ITI is strictly in terms of the OM
dated 03.10.2020.
Brief facts of WP(C)No.456 of 2023
[16] The petitioner in WP(C)No.456 of 2023, a B. Tech. Mechanical
Engineering, was initially engaged as Crafts Instructor, Diesel Mechanic on
contract basis on 22.06.2004 on the recommendation of the duly constituted
WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 15
selection committee. Thereafter, his service was regularized to the said post
on 16.12.2016.
[17] On 15.12.2021, the Joint Director of Craftsmen Training, Govt.
of Manipur issued a memorandum whereby the final seniority list of the Craft
Instructors (Engineering & Non-Engineering) of the Directorate of Craftsmen
Training (ITI), Manipur was published. In the said final seniority list, the name
of the petitioner appeared at Sl. No. 38 and the name of the private respondent
appeared at Sl. No. 24.
[18] On 05.12.2022, the Joint Director of Craftsmen Training, Govt.
of Manipur wrote a letter to the Joint Secretary (SLEE), Govt. of Manipur
wherein a proposal was made to transfer the petitioner as Principal of Govt.
ITI, Kakching Wairi on in-charge basis in addition to his normal duty without
any additional or extra remuneration etc. In the said letter, it was clearly
mentioned that the petitioner is eligible for the post of Principal as he
possessed the CITS qualification (Crafts Instructor Training Scheme). In the
said letter, his name appeared at Sl. No. 1. However, by impugned order dated
08.06.2023, the respondent No.5 has been appointed as in charge Principal,
Govt. ITI, Kakching in violation of the OMs. It is stated that the respondent
WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 16
No.5 is not eligible as per RR due to non-possession of certificate under Crafts
Instructor Training Scheme as required by RR of Crafts Instructors. It is urged
that as there was no proper test at the time of regularization, the petitioner
should be treated as senior on the basis of date of birth.
[19] In the counter affidavit of the State respondents, it is stated the
petitioner who is at 38 is much junior to the respondent No.5 who is at 24 in
the Seniority List of Crafts Instructors. It is clarified that posing certificate under
CITS is not mandatory in the RR of Principal. It is pointed out that a senior
officer from the feeder cadre has been appointed as in charge Principal strictly
in terms of relevant OMs. In his counter affidavit, the respondent No.5 stated
that he is senior to the petitioner and belongs to the feeder cadre for
appointment as Principal.
Brief Facts of WP(C)No.457 of 2023
[20] The petitioner in WP(C)No.457 of 2023, a B.E. Electrical Engineering, was initially engaged as Crafts Instructor, Electrician on contract basis on 22.06.2004 on the recommendation of the duly constituted selection committee. Thereafter, his service was regularized to the said post on 16.12.2016.
WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 17 [21] On 15.12.2021, the Joint Director of Craftsmen Training, Govt. of Manipur issued a memorandum whereby the final seniority list of the Craft Instructors (Engineering & Non-Engineering) of the Directorate of Craftsmen Training (ITI), Manipur was published. In the said final seniority list, the name of the petitioner appeared at Sl. No. 35 and the name of the private respondent appeared at Sl. No. 10.
[22] On 05.12.2022, the Joint Director of Craftsmen Training, Govt. of Manipur wrote a letter to the Joint Secretary (SLEE), Govt. of Manipur wherein a proposal was made to transfer the petitioner as Principal of Govt. ITI, Senapati on in-charge basis in addition to his normal duty without any additional or extra remuneration etc. In the said letter, it was clearly mentioned that the petitioner is eligible for the post of Principal as he possessed the CITS qualification (Crafts Instructor Training Scheme). In the said letter, his name appeared at Sl. No. 2. However, by impugned order dated 08.06.2023, respondent No.5 has been appointed as in charge Principal, Govt. ITI, Senapati. It is stated that the respondent No.5 is not eligible in terms of RR for Principal as he does not possess certificate under Crafts Instructor Training Scheme. It is further urged that petitioner has to be considered as senior to WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 18 respondent No.5 on the basis of date of birth, as no test was conducted by DPC at the time of regularization.
[23] In their counter affidavit, the State respondents state that the petitioner at Sl. No. 35 is much junior to the respondent No.5 who is at Sl. No. 10 in the Seniority List of Crafts Instructors. It is also clarified that possessing certificate under CITS is not required for promotion to Principal in the RR. Respondent No.5 has also filed counter affidavit taking similar pleas. Brief Facts of WP(C)No.642 of 2023 [24] The petitioner in WP(C)No.642 of 2023, a Diploma holder in Civil Engineering, was initially engaged as Crafts Instructor on contract basis on 21.05.2003 on the recommendation of a duly constituted selection committee. Therefore, his service was regularized to the said post on 16.12.2016. [25] On 14.01.1983 the Deputy Secretary (DP), Govt. of Manipur issued a notification whereby the Recruitment Rules for the post of Supervisor and Superintendent (Tech.), Govt. ITI was published. As per the said R.R., the said post is to be filled up by promotion from the Matriculate Crafts Instructor (Engineering Trade) having trained in CTI with 5 (five) years regular service in the grade. The said Training Course of CTI was later on changed as Crafts Instructor Training Scheme (CITS).
WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 19 [26] On 15.12.2021, the Joint Director of Craftsmen Training, Govt. of Manipur issued a memorandum whereby the final seniority list of the Craft Instructors (Engineering & Non-Engineering) of the Directorate of Craftsmen Training, (ITI), Manipur was published. In the said final seniority list, the name of the petitioner appeared at Sl. No. 5 and the name of the private respondent appeared at Sl. No. 10 and the petitioner was appointed on promotion to the post of Superintendent (Tech.) on regular basis on 07.01.2022 and presently posted at the Government ITI, Tamenglong.
[27] By the impugned order dated 08.06.2023, the respondent No.4 has been appointed as in charge Principal, Govt, ITI, Senapati. It is stated that the petitioner who is holding higher post of Superintendent (Tech.) has been overlooked in violation of the OM dated 03.10.2020 whereas the respondent No.4 is only a Crafts Instructor. It is pointed out that Crafts Instructor will be considered under the failing clause when Superintendent and Supervisor (Tech.) are not available. Moreover, the petitioner at Sl. No. 5 is senior to the respondent No.4 who is at Sl. No. 10 in the Seniority List of Crafts Instructors. [28] In the counter affidavit, the State respondents state that the petitioner was recently promoted to the higher post of Superintendent and he WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 20 is still under probation. He is also holding additional charge of Assistant Director (App) and with in charge Principal, he will be holding three posts simultaneously. It is also pointed out that respondent No.4 is also one of the senior most officers in the feeder cadre. Respondent No.4 also takes similar pleas in his counter affidavit. In the rejoinder affidavit, the petitioner reiterates that he is senior to the respondent No.4 and is also holding higher post in the feeder cadre. It is clarified that probation does not take away the benefit attached to higher post.
[29] Mr. Kh. Tarunkumar, learned senior counsel for the petitioners submits that the petitioner in WP(C) No. 454 of 2023, Md. Zamir Khan is holding higher post of Superintendent (Tech.) while the respondent No. 5, Shri Toijam Dhanabir Singh is only Crafts Instructor. As per RR for Principal, Superintendent and Supervisor (Tech.) have first right promotion and in case of non-availability of such higher post, the Crafts Instructors can be considered for appointment as Principal under the failing clause. It is vehemently urged that seniority position in lower cadre will not have a bearing after the petitioner's promotion to higher post. It is submitted that posting of the respondent No.5 as in charge Principal, Govt., ITI Phaknung is in violation of WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 21 OM dated 03.10.2020 and the same deserves to be set aside and appoint him.
[30] In case of petitioner in WP(C) No. 455 of 2023, Mr. Kh.
Tarunkumar, learned senior counsel submits that the petitioner was holding the post of Principal, Govt. ITI, Chandel on in charge basis and he has been replaced by the respondent No.5 by the impugned order dated 08.06.2023 as in charge. It is pointed out that one in charge appointment cannot be replaced by another in charge as held in the case of State of Haryana v. Piara Singh:
(1992) 4 SCC 118. Moreover, it is submitted that the respondent No.5 is not eligible as he does not have certificate under CITS.
[31] In case of petitioner in WP(C) No. 456 of 2023, Mr. Kh. Tarunkumar, learned senior counsel submits that the respondent No.5 is not eligible as he does not possess certificate under CITS. It is also averred that the respondent No.5 cannot be considered as senior as there was no test at the time of regularization and petitioner ought to be treated as senior on the basis of the date birth.
[32] Similar pleas of ineligibility of the respondent No.5 due to non- possession of certificate under CITS and seniority on the basis of date of birth WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 22 are also taken by Mr. Kh. Tarunkumar, learned senior counsel in WP(C) No. 454 of 2023.
[33] In WP(C) No. 642 of 2023, Mr. Kh. Tarunkumar, learned senior counsel for the petitioner adopts his submission in WP(C) No. 454 of 2023, as the petitioner herein is also in the higher post of Superintendent (Tech.) and he is senior to the respondent No.4 even in the cadre of Crafts Instructors. It is submitted that giving in charge Principal, Govt. ITI, Senapati to the respondent No.4 is in violation of the principles laid down in OM dated 03.10.2020.
[34] Mr. Y. Ashang, learned GA submits that in WP(C) Nos. 454 of 2023 and 642 of 2023, the petitioners are still in probation in the higher post of Superintendent and they cannot claim benefit for such post. Moreover, the petitioner in WP(C) No. 454 of 2023 is junior to the respondent No.5 in the cadre of Crafts Instructors. The petitioner in WP(C) No. 642 of 2023 is holding two more higher posts and as such the respondent No.5 has been conferred the in charge of Principal of Govt. ITI, Senapati. There is no illegality in such arrangement. In WP(C) No. 455 of 2023, learned GA has pointed out that petitioner is not eligible for appointment as Principal as he belongs to non- Engineering cadre and RR requires appointment from the Engineering cadre. WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 23 In WP(C) Nos. 456 of 2023 and 457 of 2023, it is submitted that the petitioners are juniors to the respondent Nos.5 in the feeder cadre of Crafts Instructors and their appointments as in charge Principals are in strict compliance of the OMs.
[35] Mr. Th. Jugindro, learned counsel for the private respondents adopts the submission of learned GA and reiterates that the appointments do not violate the OMs and as per RR.
[36] This Court considers the materials on record including the RR and relevant OMs and the submissions at bar. According to the Recruitment Rules for the appointment of Principal, Govt. it is, the method of recruitment is by promotion, failing which by direct recruitment. In case of appointment by promotion, the feeder cadres are Superintendent (Tech) and Supervisor (Tech) possessing Degree in Electrical Mechanical Electronics Civil Computer Automobile Engineer from a recognized University/Institute with 5 years regular service and in case of Diploma holder 8 years of regular service, failing which Crafts Instructors Vocational Instructor (Engg) possessing Degree in Electrical Mechanical Electronics Civil Computer Automobile Engineer from a recognized University/Institute with 10 years regular service and in case of Diploma holder 12 years of regular service. This indicates that the WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 24 Superintendent and Supervisor will be first choice for appointment as Principal and in case of non-availability of them, the Crafts Instructor (Engg) will be consider under the 'failing clause'. The Office Memorandum dated 03.10.2020 postulates that when eligible candidates are available in the feeder cadre for appointment on regular basis, the seniormost in the feeder cadre can be appointed on in charge basis. OM dated 09.03.2021 further adds that in case of appointment of HoD, vigilance clearance is mandatory. Within this prism, the in charge appointment has to be made when eligible persons are not available in the feeder cadre for regular appointment.
[37] In the judgment dated 15.12.2023 passed by this Court in the case of Phurailatpam Vivekananda Sharma v. State of Manipur & Ors. reported as MANU/MN/0227/2023, it has been held that in case of in charge appointment, the seniormost in the feeder cadre has to be considered as provided in the Office Memorandum dated 03.10.2020.
[38] In WP(C) Nos. 454 of 2023 and 642 of 2023, the petitioners are holding the higher feeder post of Superintendent (Tech) for appointment as Principal while respondent Nos.5 are holding lower cadre of Crafts Instructors. This Court has no hesitation in holding that the impugned order dated 08.06.2023 appointing respondent Nos.5, Toijam Dhanabir Singh and WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 25 Takhelmayum Ronex as in charge Principals, Govt, ITIs at Phaknung and Senapati are in violation of RR and OMs dated 03.10.2020 and 09.03.2021 and their appointments are set aside with a direction to make appointment in terms of OMs and RR.
[39] In WP(C) No. 455 of 2023, the petitioner belongs to non- Engineering cadre and he is not eligible for appointment as Principal as per RR and the writ petition is dismissed being devoid of any merit. The plea of replacing one in charge appointment by another in charge is not applicable when the petitioner himself is not eligible in terms of RR. [40] WP(C) Nos. 456 of 2023 and 457 of 2023, the petitioners are junior to the respondents No.5 in the cadre of Crafts Instructors. Their claim of seniority over the private respondents has no substance, as the seniority list dated 15.12.2021 is not challenged. On plain reading of RR for Principal, it is clear that the certificate under CITS has not been mentioned and cannot be read as a mandatory requirement. Writ petitions are dismissed. [41] The writ petitions are disposed of in terms of the above. From perusal of the seniority list of the Crafts Instructors (Engineering), it seems that the in charge appointment of Principals are not done strictly as per WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 26 seniority list. In making future appointments on in charge basis, the same should be done strictly in terms of the RR and OMs. No cost.
JUDGE FR/NFR John Kom WP(C)No.455 of 2023, WP(C)No.454 of 2023, WP(C)No.456 of 2023, WP(C)No.457 of 2023 & WP(C)No.642 of 2023. Page 27