Back
M. V. MURALIDARAN
Kh. Brajakumar Singh – Appellant
Versus
State of Manipur – Respondent
| Table of Content |
|---|
| 1. challenges against various appointment orders. (Para 1 , 3 , 4 , 5 , 21 , 22) |
| 2. arguments regarding recruitment and promotions. (Para 7 , 8 , 10 , 12 , 18 , 56) |
| 3. court's observations on recruitment process. (Para 20 , 23 , 24 , 30 , 31 , 38 , 39 , 46 , 64) |
| 4. legal conclusions regarding promotions and seniority. (Para 34 , 60 , 62 , 63) |
| 5. final dismissal of the writ petitions. (Para 65 , 66 , 67) |
JUDGMENT
1. These writ petitions have been filed by the petitioners for issuance of writ of certiorarified mandamus to quash the letter dated 2.2.2013 issued by the Department of Personnel and Administrative Reforms (DP), Government of Manipur; advertisement dated 7.5.2013 issued by the Manipur Public Service Commission (MPSC); the appointment letter dated 8.9.2014; and, the continuation letter dated 30.10.2015 in so far as it relates to Public Health Engineering Department, Government of Manipur.
2. Since the challenge and the point for consideration are one and the same, all the writ petitions were heard together and disposed of by this common order.
3. Brief common fa
Statutory provisions of Recruitment Rules cannot be overridden by executive or administrative instructions.
The court upheld the authority of the State to adjust recruitment vacancies, emphasizing the proper application of statutory rules regarding 'year of recruitment' and ensuring adherence to constituti....
Point of law: Filling of vacancy - In case the vacancy now available is again filled by promotee candidate, the discrimination already meted to direct recruits shall be perpetuated. On the other hand....
The right for promotion has to be considered only in the light of the existing rules in force on the date of consideration to the next level of promotion.
Point of law: Administrative instructions - Though there is no specific mention with regard to applicability of roster as prescribed in Chapter XIII of Handbook on Personnel Matters in the Rules 2006....
No vested right to promotion under repealed rules post-cadre merger; vacancies filled per rules in force at DPC consideration date. Backlog vacancies carried forward treated under new 70:30 direct-pr....
Post of Senior Clerk/Assistant Treasury Accountant Qualifications - It is settled law that there is no legal right vested in candidates to be selected for appointment - Selected candidates have only ....
Court emphasized that administrative decisions regarding promotion and seniority must adhere to established rules and principles, ensuring equitable treatment for all eligible individuals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
