ORDER :

Kh. Nobin Singh, J.

1. Heard Shri N. Jotendro, learned Senior Advocate assisted by Ms. M.C. Linthoingambee, learned Advocate appearing for the appellant; Shri Lenin Hijam, learned Addl. Advocate General for the respondent No. 2 and Shri Y. Nirmolchand, learned Senior Advocate assisted by Shri U. Augusta, learned Advocate appearing for the respondent No. 1.

2. The instant writ appeal is directed against the interim order dated 20-01-2020 passed by the learned Single Judge of this Court by which the Government order dated 04-01-2020 allowing the appellant/private respondent to hold the post of Executive Engineer, Water Supply Maintenance Division No. 1, PHED, Manipur (hereinafter referred to as the "the PHED") on in-charge basis, has been directed to remain suspended.

3. The respondent/writ petitioner was appointed on promotion to the post of Assistant Engineer, PHED, Government of Manipur vide order dated 23-02-2018 and his name is reflected at Sl. No. 40 of the combined seniority list of the Assistant Engineers/Assistant Surveyor of Works/Engineer Assistants in PHED, Manipur published vide Notification dated 18-11-2019.

4. On 02-01-2020, the Joint Secretary (PHED), Government of Manipur issued an order appointing the appellant/private respondent on promotion to the post of Assistant Engineer. From this order dated 02-01-2020, it is clearly seen that the appellant/private respondent is the junior most Assistant Engineer in the PHED. Immediately after the appellant/private respondent being promoted to the post of Assistant Engineer, he was allowed to hold the post of Executive Engineer, PHED on in-charge basis vide order dated 04-01-2020 superseding all his seniors including the respondent/writ petitioner.

5. Being aggrieved by the said order dated 04-01-2020, the respondent/writ petitioner challenged it by way of WP(C) No. 16 of 2020 on the inter-alia grounds that the order dated 04-01-2020 issued by the Joint Secretary, PHED, Government of Manipur allowing the appellant/private respondent to hold the post of Executive Engineer on in-charge basis, is illegal and not tenable in the eyes of law; that the said order dated 04-01-2020 was issued in violation of the seniority list as the appellant/private respondent is the junior most Assistant Engineer in the cadre; that the appointment of the appellant/private respondent as the in-charge Executive Engineer, completely ignoring the seniority list, will cause heart burning amongst the Assistant Engineers senior to him and that the action of the State respondent in issuing the said order dated 04-01-2020 is malafide, unreasonable and illegal.

6. The appellant/private respondent being a caveator, filed an affidavit-in-opposition in the writ petition stating that since the respondent/writ petitioner was posted at Churachandpur, there could be no any grievance by him. The appellant/private respondent was given the in-charge of the Executive Engineer because he had been in the Maintenance Division Nos. 1 and 2 from 1992 to 2016. The appellant/private respondent was given the in-charge considering his vast knowledge and efficient service. Since the respondent/writ petitioner is presently posted at Churachandpur, there is no possibility for him to look after the dual charge at the Water Supply Maintenance Division No. 1, Imphal. The appointment of the appellant/private respondent as the in-charge Executive Engineer is neither illegal nor irregular because it has been issued by the competent authority as temporary arrangement keeping in mind the administrative convenience. Since the appellant/private respondent has already been promoted to the post of Assistant Engineer, his name would be reflected in the seniority list to be published by the competent authority.

7. The short issue that arises for consideration by this Court in the instant writ petition, is as to whether the appointment of the appellant/private respondent as the Executive Engineer on in-charge basis without considering the c