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M. V. MURALIDARAN
Naorem Saratchandra Singh – Appellant
Versus
Manipur Public Service Commission – Respondent
JUDGMENT
1. This writ petition has been filed by the petitioners to set aside the impugned Departmental Promotion Committee held on 12.01.2022 against the 8 anticipated vacancies for the post of Executive Engineer and promotion order dated 13.4.2022 and to direct the first respondent to recommend the petitioners for promotion to the post of Executive Engineer against the remaining two anticipated vacancies which the Manipur Public Service Commission (MPSC) failed to recommend the eligible candidates in the DPC held on 12.01.2022.
2. The case of the petitioners is that they are now serving in the substantive post of Assistant Engineer, but holding the feeder post for promotion to the post of regular Executive Engineer in the Public Works Department, Manipur and discharging as in-charge Executive Engineer. The Works Department furnished eligible candidates and its integrity certificate along with seniority to the MPSC for holding DPC for appointment by promotion to the post of Executive Engineer for 34 clear vacancies and 8 anticipated vacancies of the Executive Engineer. The MPSC held the DPC on 12.01.2022 by recommending 32 Assistant Engineers by promotion to the post of Executive En
The judgment establishes the principle of objective and impartial consideration for promotion, accurate estimation of vacancies for DPC, and the prohibition of arbitrary and discriminatory non-recomm....
The court established that administrative lapses in conducting promotions must not prejudice employees' rights, and adherence to reservation limits is mandatory.
Promotion rights are not absolute; retrospective promotions require clear vacancies and adherence to procedural rules, which were not met in this case.
Amended promotion rules' 45% quota for Junior Engineers with 7 years service contains no Diploma/Degree requirement; unqualified seniors eligible; DPC rejection on qualification grounds invalid.
Appointing authority cannot selectively reject DPC recommendations for eligible candidate while accepting for others without following Handbook procedure for disagreement; must ensure equal treatment....
Promotion rules proviso deems seniors eligible with minimum three years regular service, placed above junior eligible via combined ad hoc and regular service, barring department from delaying DPC unt....
The right to be considered for promotion is fundamental, but does not guarantee automatic promotion upon vacancy; effective grants govern promotion rights.
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