Point of Law: Employment and Service matter - Post of Assistant Co-operative Education Officer - Benefits of - Since order has not been challenged by petitioner in WP (C) before appropriate forum, this Court deems it appropriate not to make any observation thereon - But he is entitled to his salary for service rendered by him.

ORDER :

1. Heard Shri M. Hemchandra, Senior Advocate appearing for the petitioners in both the writ petitions; Shri N. Ibotombi, Senior Advocate appearing for the private respondent in WP (C) No. 334 of 2021 and for all the private respondents in WP (C) No. 420 of 2021 and Shri Lenin Hijam, Addl. Advocate General appearing for the State respondents in both the writ petitions.

2. The above writ petitions have arisen out of a similar set of facts and therefore, the same are being disposed by this common judgment and order.

WP (C) No. 334 of 2021

3. The validity and correctness of the letter dated 23-03-2021 of the Under Secretary (Co-operation), Government of Manipur; the letter dated 24-03-2021 of the Registrar of Co-operative Societies, Manipur and the letter dated 24-03-2021 of the private respondent, Shri. O. Jiten Singh, DRCS (Admn), are under challenge in this writ petition.

4.1 Facts and circumstances as narrated in the writ petition, are that the petitioner was initially appointed as a Co-operative Education Instructor, Manipur State Co-operative Union, Lamphelpat, Imphal (hereinafter referred to as “the Co-operative Union)” on officiating basis vide order dated 02-12-1988 issued by the Chief Executive Officer, Co-operative Union with the approval of the Administrator thereof and his service was regularised vide order dated 10-11-1998 of the Chief Executive Officer. After having served for about 12 years, the petitioner was promoted to the post of the Assistant Co-operative Education Officer/District Co-operative Education Officer/Vice Principal (CCM) vide order dated 14-09-2010 and was posted as the District Co-operative Education Officer at Senapati, followed by the order dated 02-03-2011 making it regular.

4.2 Thereafter, the Chief Executive Officer vide its order dated 07-03-2016 appointed the petitioner as the Principal (CCM) on in-charge basis with the approval of the then Registrar, the Centre for Co-operative Management, Lamphelpat on promotion and posted him there itself. Few months later, the Managing Body, in its meeting held on 22-08-2016 resolved that the petitioner be appointed as the Chief Executive Officer, as the incumbent Chief Executive Officer, Shri W. Komol Singh was unable to discharge his duties due to ill health. It was approved by the Registrar, Co-operative Society vide its letter dated 12-09-2016. Accordingly, the petitioner was appointed as the Chief Executive Officer of the Co-operative Union with immediate effect, in super-session of previous orders in this regard, until further orders vide order dated 22-09-2016 issued by the Deputy Secretary (Co-op), Government of Manipur. As per the bye-laws, the State Government is not the competent authority to appoint the Chief Executive Officer and it is the Managing Body of the Co-operative Union which is competent to do so. Being aggrieved by the said order dated 22-09-2016, the petitioner approached this Court by way of writ petition being WP (C) No. 318 of 2019 praying for its modification, which was disposed of with the direction to dispose of his representation dated 01-04-2019 within two weeks from the date of receipt of the order along with a representation to be submitted by him. The petitioner submitted a detailed representation dated 08-02-2021 to the State respondent which was received by it on the same day i.e. 08-02-2021.

4.3 As per the proceeding of the Managing Body adopted in its meeting held on 27-04-2019, the President/Chairman of the Managing Body, Shri L. Tompishak Singh and other Managing Body members took a decision that the present Chief Executive Officer be allowed to continue till his retirement or superannuation and that the Chief Executive Officer be appointed in accordance with the recruitment rules. The Managing Body of the Co-operative Union adopted another resolution by way of circulation on 07-06-2019 for taking appropriate disciplinary action against the petitioner and the approval thereof was sought for vide its letter date