The main legal point established in the judgment is the importance of fairness, reasonableness, and transparency in executive actions, emphasizing the consideration of seniority in temporary arrangements and the violation of legal rights under the Constitution of India.

B.D. Agarwal, J.

1. Both the writ petitions are directed against the order dated 18.8.2007 issued from the office of the Minor Irrigation Department, Government of Manipur under Memo No. 6/14/2007-MID. Since the facts and legal issues involved therein are one and the same, both the petitions are being disposed of by this common order.

2. I have heard Mr. Y. Nirmolchand, learned Counsel appearing in WP (C) No. 625 of 2007 and Shri Roshini Piba, learned Counsel appearing in WP (C) No. 666 of 2007. Also heard Mr. Jallaluddin Ahmed, learned Addl. Govt. Advocate for the State Respondents No. 1 and 2 whereas the private Respondent No. 3 was represented by Shri N. Jotendro, 1earned counsel.

3. The writ Petitioners are aggrieved by the impugned order dated 18.8.2007 primarily because the Respondent No. 3, Shri L. Madhop Singh has been allowed to look after a Division, which should normally be headed by a regular Executive Engineer. It is the case of the writ Petitioners that all the Petitioners (7 in number) are Assistant Engineers senior to the Respondent No. 3 and despite that, the Respondent No. 3 has been suitably posted to MID-I so that he can work as an Executive Engineer overlooking the seniority of the Petitioners. According to the learned Counsel for the Petitioners, this has been done at the behest of the Hon'ble Chief Minister. It was also submitted that under the directions of the Chief Minister, the Respondent No. 3 was earlier transferred from MID-III to MID-I as an Assistant Engineer with a direction to look after the division after transferring the Executive Engineer, namely, Shri A. Kalachand vide order dated 21.7.2007. The said transfer order dated 21.7.2007 was challenged by Shri A. Kalachand as well as by one K. Ramkumar Singh by way of filing writ petitions before this Court. The writ petitions were numbered as WP (C) Nos. 553 and 555 of 2007. The transfer order dated 21.7.2007 was stayed by this Court on 27.7.2007 and within a period of less than one month, Anr. identical order of transfer was issued on 18.8.2007 giving the same status and position to the Respondent No. 3. Hence, the present writ petitions. According to the learned Counsel for the Petitioners, because of this biased posting, legal right of the Petitioners for getting higher responsibilities and higher status as per their seniority has been infringed, which is also violative of Articles 14 and 16 of the Constitution of India.

4. On the other hand, Shri Jallaluddin Ahmed, learned Addl. Govt. Advocate defended the impugned order on the ground that the concerned department has made the ad-hoc arrangement due to suspension of Shri A. Kalachand, who was the Executive Engineer of MID-I. According to the learned Govt. Advocate, this Court should not interfere in such temporary arrangement, which is done in the interest of public administration.

5. Shri N. Jotendro, learned Counsel for the Respondent No. 3 also submitted that the Respondent No. 3 has been allowed to look after the division under emergency because of suspension of the incumbent Executive Engineer since the Respondent No. 3 is the seniormost Assistant Engineer in MID-I. In this way, according to the learned Counsel, there is no infirmity in the impugned order. It was also contended that the order dated 18.8.2007 was not issued under any political pressure.

6. In WP (C) No. 666 of 2007, the Petitioners have annexed Unofficial Order of the Hon'ble Chief Minister dated 20.7.2007 directing the Minister of Minor Irrigation Department to transfer Shri A. Kalachand and post the Respondent No. 3 in MID-I and give him the charge of the office of Executive Engineer. The State Respondents have not disputed the factual authenticity of the U.O. No. 1/36-2007-C.M. dated 20.7.2007. As noted earlier, the Respondent No. 3 was immediately taken to MID-No. I replacing Shri A. Kalachand and the Respondent No. 3 was also allowed to look after the division as Executive Engineer vide order dated 21.7.2007. Desp