T.VAIPHEI
Mangsatabamimomacha Singh – Appellant
Versus
State of Manipur & Ors. – Respondent
This is a classic instance in which the State-respondents are, apparently, playing cat and mouse game with the orders of this Court with a view to frustrate and circumvent thereof. This forensic battle started with the order dated 21st February, 2012, under challenge in this writ petition, by which the private respondent, who is holding a substantive post of Superi#31;ntending Engineer, was made to hold the charge of Chief Engineer in the Public Health Engineering Department of Government of Manipur when there is the petitioner, who is holding the substantive post of Additional Chief Engineer in the same Department and who is the OSD to the Principal Secretary (PHE) in the Secretariat PHE by drawing the pay of Additional Chief Engineer. When this Court by the order dated 29.2.2012 and 15.3.2012 stayed the operation of the impugned order, in apparent retaliation, the State-respondents issued another order dated 11.5.2012 transferring the petitioner in a non-cadre post of Secretary (Technical), PHED. Holding the view, such transfer to a non-cadre post amounts to deputation, which cannot be done without the consent of the petitioner, this Court by the order dated 23.5.2
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