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2016 Supreme(Manipur) 15
IN THE HIGH COURT OF MANIPUR AT IMPHAL
N. KOTISWAR SINGH, J.
Shri L. Mohen Singh & Anr. - Petitioners
Versus
The State of Manipur & Ors. - Respondents
W.P. (C) Nos. 86 & 138 of 2013
Decided On : 04-02-2016
Important Points
Subject
Service Law - Appointment and Promotion
Act Referred
RAJASTHAN SERVICES OF ENGINEERS BUILDING AND ROAD BRANCH RULES : R.24(a), R.23
Headnote
MANIPUR FINANCE SERVICE - APPOINTMENT - PROMOTION - IRREGULARITY - RECTIFICATION - RELAXATION OF RULES - POWER OF GOVERNMENT - EXERCISE OF POWER - CONDITIONS - MANIPUR FINANCE SERVICE RULES, 1998 - RULES 33, 6(1).
Fact of the Case:
The petitioners were promoted as Accounts Officers in the Commerce and Industries Department in 1999 under the old recruitment rules. Subsequently, the Manipur Finance Service (MFS) was constituted and the posts of Accounts Officers were encadred in the MFS as Grade-III posts. The petitioners were not inducted into the MFS as they were not appointed in accordance with the MFS Rules. They approached the High Court seeking a direction to the respondents to induct them into the MFS.
Finding of the Court:
The High Court held that the petitioners' promotion as Accounts Officers was not illegal but merely irregular qua the MFS Rules, 1998, which could be rectified by resorting to Rule 33 of the MFS Rules. The Court directed the respondents to pass appropriate orders for absorbing the services of the petitioners into the MFS Grade-III w.e.f. 04.12.1999 as had been done in the case of Smt. K. Memthoibi Devi, Accounts Officer within a period of 1 (one) month from today and the petitioners shall be entitled to all consequential benefits.
Issues: 1. Whether the petitioners' promotion as Accounts Officers was illegal or merely irregular. 2. Whether the irregularity in the petitioners' promotion could be rectified by resorting to Rule 33 of the MFS Rules.
Ratio Decidendi: 1. The Court held that the petitioners' promotion as Accounts Officers was not illegal but merely irregular qua the MFS Rules, 1998, as they were already eligible for appointment as Accounts Officers and had been adjudged suitable on merit by a duly constituted Departmental Promotion Committee. 2. The Court held that the irregularity in the petitioners' promotion could be rectified by resorting to Rule 33 of the MFS Rules, which empowers the Government to relax any of the provisions of the rules with respect to any class or category of persons.
Final Decision: The High Court allowed the writ petitions and directed the respondents to pass appropriate orders for absorbing the services of the petitioners into the MFS Grade-III w.e.f. 04.12.1999 as had been done in the case of Smt. K. Memthoibi Devi, Accounts Officer within a period of 1 (one) month from today and the petitioners shall be entitled to all consequential benefits.
Advocate Appeared:
For the Petitioners: Mr. N. Umakanta
For the Respondents: Mr. Th. Ibohal, Mr. H. Debendra, Mr. S. Rupachandra, Mr. K.R. Panmei
Heard Mr. N. Umakanta, learned counsel for the petitioners in both the writ petitions. Heard also Mr. Th. Ibohal, learned A.G., Manipur and Mr. L. Devendra, learned GA for the State respondents and Mr. S. Rupachandra, learned ASG, for the respondent No. 6.
2. These two writ petitions have been taken up together the fact that these two petitions arise from the same cause of action and similar reliefs have been sought for, seeking quashing of the impugned order dated 09.08.2012 passed by the Principal Secretary, Commerce & Industries Department denying the inclusion/appointment of the petitioners in the Manipur Finance Service (MFS) cadre posts of Account Officers and seeking a direction for inclusion of the petitioners in the cadre of Manipur Finance Service Grade-III from the date of appointment as Account Officers on 4.12.1999.
3. The facts which are in common and relevant may be briefly stated.
4. According to the petitioners, the petitioner No. 1 joined service as Lower Division Clerk in the Department of Commerce & Industries on 26.04.1974 and the petitioner No. 2 in the same post w.e.f. 07.04.1979 in same department. Thereafter, they were duly promoted to the posts of Upper Division Clerks. Subsequently, the petitioner No. 1 was appointed as Head Clerk w.e.f. 18.12.1990 and the petitioner No. 2 as Senior Accountant w.e.f. 18.12.1990 in the same department. According to the petitioners, the petitioners as Head Clerk and Senior Accountant were eligible for promotion to the higher post of Account Officer as per the recruitment rules known as “Industries Department, Manipur (Accounts Officer) Recruitment Rules, 1977” hereinafter referred to as the old Recruitment Rules of 1977. As per the aforesaid Recruitment Rules of 1977, the post of Accounts Officer is to be filled up by way of promotion, failing which by deputation. As regards promotion :
1. Head Clerk in the common cadre of (i) Industries Deptt. (ii) Industrial Training Institute and (iii) Weights and Measures Deptt. with 6 years service in the grade is eligible.
2. Similarly, Senior Accountant with 4 years service in the grade or total of 6 years service as Head Clerk is also eligible.
5. According to the petitioners, the respondent authorities initiated the process for filling up of two vacant posts of Accounts Officers in the Commerce & Industries Department which had been lying vacant since 01.04.1997 and 23.08.1997 as is evident from the letter dated 06.07.1998 from the office of the respondent No. 1 to the Director, Commerce and Industries, Govt. of Manipur (respondent No. 5) requisitioning the ACRs for 9(nine) eligible officers including the present petitioners. Thereafter, the office of the respondent No. 1 furnished the necessary documents to the Manipur Public Service Commission (MPSC) for filling up the vacant posts of Accounts Officers by promotion in the Commerce and Industries Department, Govt. of Manipur vide letter dated 30.03.1999 (Annexure-A/6). Thereupon, Departmental Promotion Committee was convened by the MPSC on 18.10.1999 for making necessary recommendation. After the DPC, the Manipur Public Service Commission furnished the proceedings of the DPC held on 23.10.1999 containing the recommendation by way of promotion to two posts of Accounts Officers in the Commerce and Industries Department vide letter dated 23.10.1999 (Annexure A/8 to the writ petition). On the basis of the aforesaid recommendation of the MPSC, the petitioners were promoted to the posts of Accounts Officers in the Commerce and Industries Department vide order dated 4.12.1999 issued by the office of the respondent No. 1 (Annexure A/9 to the writ petition). In the meantime, the Manipur Finance Service was constituted by the Government and the Manipur Finance Service Rules, 1998 were notified vide notification dated 13.04.1998 which were enforced w.e.f. 24.04.1998. The petitioners contend that after they came to know that the Manipur Finance Service had been constituted w.e.f. 24.
