JUDGMENT :

Kh. Nobin Singh, J.

1. Heard Shri M. Hemchandra, learned Senior Advocate appearing for the petitioners; Shri N. Kumarjit, learned AG for the State respondents; Shri H.S. Paonam, learned Senior Advocate for some of the private respondents and Shri Kh. Samarjit, learned Advocate for some of the respondents.

2. Since the above writ petitions have arisen out of similar set of facts, the same are considered and disposed of by this common judgment and order.

WP(C) No. 559 of 2020

3.1.By the instant writ petition, the petitioners have prayed for issuing a writ of mandamus or any other appropriate writ to direct the respondents to execute/implement Clause 5(9)(d) of the Manipur State Electricity Reforms Transfer Scheme, 2013 (hereinafter referred to as "the Transfer Scheme, 2013") and also to direct the respondents to frame/formulate Rules & Regulations on service conditions focusing on promotional avenues to the next higher post of the Deputy General Manager (Elect.), General Manager (Elect.), Executive Director etc. in MSPCL/MSPDCL in accordance with law.

3.2. Facts and circumstances as narrated in the writ petition, in short, are that the Addl. Secretary, Manipur Public Service Commission (hereinafter referred to as "the MPSC") issued an advertisement dated 02-12-2015 inviting applications for direct recruitment to some posts of Engineer in the Engineering Departments, Government of Manipur. The petitioners applied for 10 (ten) posts of the Manager (Elect.) which is equivalent to the post of Assistant Engineer in the Electricity Department, Manipur. A merit list of 24 candidates for the direct recruitment to the post of Manager (Elect.) in the MSPDCL/MSPDL, Manipur dated 01-05-2016 was issued by the MPSC on the basis of the written examination held from 05-01-2016 to 07-01-2016 and the personality test held on 01-05-2016. The petitioners were appointed as the Managers (Elect.) in MSPDCL vide order dated 04-06-2016 pursuant to the approval conveyed by the State Government vide its letter dated 01-06-2016. On the recommendation of the MPSC in its meeting held on 01-05-2016, Shri Nakambam Pritam Singh, one of the petitioners herein, was appointed as the Manager (Elect.) vide order dated 08-02-2019 issued by the Executive Director (HR/Admn/IT/Legal), the MSPDCL.

3.3. A Memorandum dated 23-12-2013 was placed before the Cabinet for consideration and approval as regards the unbundling and corporatization of the Electricity Department, Government of Manipur through a Transfer Scheme and related matters thereto. As per the decision of the Government of Manipur to unbundle and corporatize the Electricity Department, Government of Manipur into two State owned functionally independent entities viz. (a) Manipur State Power Company Limited (hereinafter referred as "the MSPCL") as the Holding Company to discharge the functions of the State Transmission and Generation Utility and (b) Manipur State Power Distribution Company Limited (hereinafter referred to as "the MSPDCL") as the deemed distribution licensee/Distribution Company with effect from the 01-02-2014 in terms of Section 131 and 133 and other applicable provisions of the Electricity Act, 2003. The Transfer Scheme, 2013 came to be notified on 31-12-2013 and pursuant thereto, all the employees of the Electricity Department, Manipur were placed on deputation en mass either at the MSPCL or the MSPDCL with effect from 01-02-2014 except for the two employees/officers posted specifically vide an order of the State Government retaining in the Electricity Department, Manipur. The Commissioner (Power), Government of Manipur issued an order dated 11-09-2014 by which 686 employees of the Electricity department, Manipur were deputed to the MSPCL while 1918 employees were deputed to the MSPDCL on the terms and conditions as laid down in the Transfer Scheme, 2013. Clause 5(9)(d) of the Transfe