JUDGMENT :

(M.V. Muralidaran, J.) :

This writ petition has been filed by the petitioner to consider promoting the petitioner to the post of Deputy Director (Administration and etc.) in Youth Affairs and Sports Department, Government of Manipur by inclusion of the post of Store Officer as feeder to it for promotion and to consider the representation of the petitioner dated 15.12.2021.

2. Heard Mr. S. Rupachandra, learned senior counsel for the petitioner; Mr. Y. Ashang, learned Government Advocate for the respondents No. 1-3 and Mr. RS Reisang, learned Senior Counsel for the respondent No. 4, the MPSC.

3. The case of the petitioner is that he joined the service as Store Keeper on ad-hoc basis on 28.11.1991 in the Directorate of Youth Affairs and Sports (YAS), Government of Manipur and was regularized in the year 1992. He was given promotion to the post of Store Officer vide order dated 5.11.2011. It is stated that contrary to the draft recruitment rules for the post of Deputy Director of Sports and Deputy Director (Planning and Administration) as approved by the MPSC framed recruitment rules for the posts of Deputy Director (Planning/ Monitoring/ Evaluation and Deputy Director (Administration/Establishment) under the YAS Department vide notification dated 10.5.2002.

4. Further case of the petitioner is that an incumbent holding the post of Store Officer like the petitioner challenged said two recruitment rules by filing W.P.(C) N.523 of 2022 and the same was disposed of on 26.4.2004. The petitioner has submitted a series of representations to accommodate the post of Store Keeper as feeder post to recruitment rules of Deputy Director (Administration and etc.). Since no reply forthcoming, on 15.12.2021, the petitioner submitted a fresh representation and the same has not been considered till date. Hence, the writ petition.

5. Resisting the writ petition, respondents 1 to 3 filed counter stating that it would not be proper to re-designate one of the newly created Deputy Director as Deputy Director of Sports and the post of Store Officer is not suitable for the feeder post either for Deputy Director (Administration & Establishment) and Deputy Director (Planning/Monitoring/Evaluation) considering the job responsibilities of these posts. Since the petitioner is enjoying ACP benefits, he cannot be aggrieved for non-availability of promotional avenue. Thus, prayed for dismissal of the writ petition.

6. The fourth respondent filed counter stating that the YAS Department created 2 posts of Deputy Directors in the year 1999 i.e. 1 post of Deputy Director (Planning/ Monitoring/ Evaluation) vide order dated 21.7.2019. Thereafter, MPSC had received a proposal for notification of recruitment rules. The job requirements of two newly created posts are different from that of the Deputy Director of Sports. It is stated that by the proposal dated 1.9.2001, the MPSC suggested to re-designate one post of newly created post of Deputy Director as Deputy Director of Sports.

7. Mr. S. Rupachandra, the learned senior counsel for the petitioner submitted that pursuant to the recommendation sought for framing of recruitment rules for the post of Deputy Directors (Administration/ Establishment) and (Planning/ Monitoring/ Evaluation) in the Department of YAS, the MPSC expressed its view that the incumbents holding the posts of Assistant Director (Coaching); Senior Youth Officer and Store Officer carrying the same scale have no line of promotion and for giving equal opportunity for promotion to all concerned to the higher posts, the MPSC was of the view that four Deputy Directors, including newly created one shall have common recruitment rules. He would submit that the MPSC requested the Commissioner (DP) to re-designate one post of Deputy Director as Deputy Director (Adm. & Planning) for the purpose along with draft recruitment rules for the post of (i) Deputy Director of Sports and (ii) Deputy Director (Planning & Adm).

8. The learned senior counsel further