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A. GUNESHWAR SHARMA
Longjam Subhaschandra Singh – Appellant
Versus
The State of Manipur – Respondent
ORDER (CAV)
1. Heard Mr. HS Paonam, learned senior counsel assisted by Mr. A. Arunkumar, learned counsel on behalf of the petitioner, Mr. Lenin Hijam, learned AG assisted by Ms. Sharmila, learned counsel on behalf of State respondents/ applicants in MC(WP(C)) No.239 of 2024 and Mr. L. Anand, learned counsel along with Mr. B. Kirankumar on behalf of respondent No.3/applicant in MC(WP(C)) No.233 of 2024.
2. By the present applications being MC(WP(C)) No.233 of 2024 filed by private respondent No.3 and MC(WP(C)) No.239 of 2024 filed by the State respondents in the writ petition being WP(C) No.255 of 2024, the respondents/applicants are raising the question of maintainability and locus of the petitioner to file accompany writ petition being WP(C) No.255 of 2024 challenging the appointment of respondent No.3 as Joint Director (Training) on deputation in the Directorate of Craftsman Training, Government of Manipur.
3. By way of writ petition being WP(C) No.255 of 2024, the petitioner has challenged the appointment of Private respondent No.3 as Joint Director (Training), Directorate of Craftsmen Training, Manipur on deputation issued by Joint Secretary(DP), Government of Manipur vide order d
Only aggrieved persons with the requisite eligibility can challenge appointments, and the true nature of an appointment must be assessed beyond its terminology.
Appointments on deputation do not confer a right to continue beyond the specified term, and the distinction between transfer and appointment on deputation is significant.
The main legal point established in the judgment is that the eligibility of a candidate for a deputation post must be determined based on the specified criteria in the notification and relevant regul....
A deputationist has no vested right and can be repatriated for valid reasons, and public interest and administrative exigencies are valid grounds for transfer.
In case of 'appointment on deputation', employer cannot claim employee has no right to continue till completion of deputation - Director's decision not to extend deputation must be based on evaluatio....
Point of law: Whilst it is true that limitation does not strictly apply to proceedings Under Articles 32 or 226 of the Constitution of India, nevertheless, such rights cannot be enforced after an unr....
No prior consent required for employee deputation within same Union Territory under Article 52-C, J&K CSR, 1956.
Consent is not required for posting to a government-controlled body, and the equivalence of posts negates claims of adverse impact on service conditions.
Pending disciplinary proceedings disqualify a candidate from being considered for promotion or deputation, which must comply with established rules.
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