O R D E R

(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 dated 13.03.2024. By the impugned order dated 13.03.2024, respondent No.3 has been appointed as Joint Director(Training), Directorate of Craftsmen Training, Manipur on deputation for a period of 3(three) years, or until further orders, in addition to his post as Deputy Director(JNIMS) at no extra remuneration. Earlier the petitioner has also challenged the appointment of respondent No.3 as Joint Director(Training) Directorate of Craftsmen Training, Manipur on in-charge basis by way of writ petition being WP(C) No.170 of 2024 and vide order dated 07.03.2024, this Court stayed the impugned order dated 25.02.2024. It is stated that on 07.03.2024, Joint Secretary (DP) Government of Manipur cancelled the order dated 25.02.2024 conferring in-charge Joint Director (Training), Directorate of Craftsmen Training, Manipur to the respondent No.3 in compliance of the order dated 07.03.2024 passed by this Court in WP(C) No.170 of 2024 and subsequently, the impugned order dated 13.03.2024 appointing the respondent No.3 as Joint Director (Training)

in the Directorate of Craftsmen, Manipur on deputation was issued.

[4] It is the case of the petitioner that he is the senior most Principal, ITI, Manipur and as per the recruitment rules of Joint Director, (Training), the same is promotion post from the post of Deputy Director of Training and the Principal, ITI having three years of regular service in case of degree holders in Engineering in Mechanical/Electrical/Automobiles Electronic/Computer Engineering and 8(eight) years for Diploma holders, failing which by deputation from State or Central holding analogous post and failing which by direct recruitment.

[5] It is submitted that in case of eligible candidates are not available for promotion as per recruitment rules, the senior most in the feeder cadre has to be appointed on in-charge basis in terms of the Office Memorandum dated 03.10.2020 issued by DP, Government of Manipur. It is also stated that the present impugned order dated 13.03.2024 has been issued in order to frustrate the ad- interim stay order dated 07.03.2023 passed by this Court in WP(C) No.170 of 2024 whereby the appointment of the private respondent No.3 as in-charge Joint Director (Training) was suspended. It is prayed that the impugned order be set aside. The State respondents have filed MC(WP(C)) No.239 of 2024 and private respondent has also filed MC(WP(C)) No.233 of 2024 raising the maintainability of the writ petition at the instance of the petitioner herein, mainly on the ground that the petitioner is not eligible for promotion to the post of Joint Director. It is pointed out that as per para 5 of the writ petition, the petitioner will be eligible for promotion to the post of Joint Director(Training) in the Directorate of Craftsmen Training i