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 facts are as follows:-

The petitioners have joined as Section Officers in the Public Health Engineering Department in the year 1999. On 29.4.1999, the Government of Manipur issued an Office Memorandum making provision for holding Departmental Promotion Committee (DPC) at regular annual intervals against the vacancies occurring during the course of a year. On 6.11.1999, a complete ban was imposed on direct recruitment as well as declaration of the result of DPCs already held. The aforesaid imposition of ban was made pursuant to a Memorandum of Undertaking dated 19.4.1999 between the State and the Government of India. On 7.3.2001, the State Cabinet took a decision in terms of the MoU dated 19.4.1999 for termination of all appointment on direct recruitment, part time etc. and the ban on all direct recruitment, including downsizing of the Departments by abolishing various posts. Following the decision, the Finance Department issued a letter dated 19.3.2001 and the Government of Manipur had also imposed a temporary ban on filling up of vacancies by promotion for some time. However, such ban on promotion was lifted with effect from 19.6.2001.

3.1. The next higher post from the post of Section Officer is the post of Assistant Engineer and the Assistant Engineer is to be filled as per the provisions contained in the PWD, IFCD and PHED Manipur Assistant Engineers (Civil/Mechanical)/ASW Recruitment Rules, 1984/2009/2013 and all three Rules are pari materia with regard to the quota for direct recruitment vis-à-vis quota for promotion. The said Recruitment Rules provides 60% of vacancies of the post of Assistant Engineer to be filled up by promotion and 40% by direct recruitment.

3.2. Out of the said 60% promotion quota, 50% of the vacancies are to be filled up by Section Officer Grade-I Degree Holders and the remaining 50% by Section Officer Grade-I Diploma Holders/others. As per the Recruitment Rules, a Section Officer Grade-I (Decree Holder) in PHE Department is eligible for promotion to the post of Assistant Engineer after rendering 3 years of regular service and a Section Officer Grade-I (Diploma Holder) is eligible for promotion to the post of Assistant Engineer after rendering 8 years of regular service. The petitioners became eligible for promotion to the post of Assistant Engineer during the period from 2002 - 2007.

3.3. According to the petitioner, during the subsistence of the ban on direct recruitment, the Chief Engineer, PHE Department vide letter dated 29.8.2012 submitted a proposal to the Principal Secretary for making requisition for direct recruitment of Assistant Engineer in the PHE Department in respect of 25 vacancies out of 27 vacancies of the year 2007 to 2012 leaving 2 vacancies of Assistant Engineer to be filled up by promotion. On 2.2.2013, th