These two writ petitions involve common question of fact and law inasmuch as both the writ petitions are seeking similar relief for quashing the order of Governor of Manipur being No. 20/2/2001HSC, Imphal the 14th December, 2004 for allowing the private respondent, Shri Y.Dorendro Singh to hold higher post of Deputy Director on incharge basis, as such, these two writ petitions were taken up jointly for disposal by a common judgment and order.

2. Heard Mr.H.S.Paonam, leamed counsel for the writ petitioner of W.P(C) No. 32/2005 and Shri M.Hemchandra, learned counsel for petitioner of W.P(C) No. 83/2005 and Shri N.Ibotombi, learned counsel for the State respondents as well as Mr.Ng.Kumar, learned counsel for private respondent, Sri Y.Dorendro Singh.

3. In super-cession of all previous orders issued in this regard and in exercise of the power conferred by proviso to Article 309 of the Constitution of India, the Governor of Manipur made the Rules called "Agriculture, Horticulture and Soil Conservation Department, Manipur Director of Agriculture/Horticulture and Soil Conservation and Deputy Director (Agri/Horti & Soil Conservation and ther identical scale of pay and similar duty)] Rules, 9

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