Manipur High Court
Yambem Indravhuson Singh vs The State Of Manipur Through The ... on 10 April, 2024
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 555 of 2022
1. Yambem Indravhuson Singh, aged about 32 years, S/o Yambem
Manimohon Singh, resident of Uripok Punchaimaning, P.O. Imphal,
P.S. Lamphel, Imphal West District, Manipur-795001.
2. Sunjeet Kumar Khaidem, aged about 36 years, S/o Kh. Ibohanbi
Singh, resident of Khurai Konsam Leikai, P.O. Lamlong, P.S.
Porompat and District Imphal, Manipur-795010.
3. Wahengbam Anil Singh, aged about 36 years, S/o W. Amuba Singh,
resident of Keishampat Leimajam Leikai, P.O. Imphal, P.S. Imphal
West and District Imphal West, Manipur-795001
...... Petitioner/s
- Versus -
1. The State of Manipur through the Commissioner, Consumer
Affairs Food and Public Distribution (CAF & PD), Government of
Manipur, Secretariat Building, Babupara, P.O. & P.S. Imphal,
District Imphal West, Manipur - 795001.
2. The Controller of Legal Metrology (Weights & Measures), Govt.
of Manipur, 2nd MR Gate, North AOC Lane, Imphal, Manipur -
795001.
3. The Department of Finance (PIC) through the
Commissioner/Secretary (Finance), Govt. of Manipur, Imphal,
Manipur - 795001.
........ Respondents.
W i t h
Shri Athokpam Yoiremba, aged about 28 years, S/o A. Ranjit
Singh of Thoubal Athokpam Mayai Leikai, P.O. & P.S. Thoubal,
Thoubal District, Manipur
WP(C) No. 555 of 2022 with
WP(C) No. 531 of 2022 Page 1
...... Petitioner/s
- Versus -
1. The State of Manipur represented by the Principal
Secretary/Commissioner/Secretary (CAF & PD), Government of
Manipur, office at Secretariat, Babupara, P.O. & P.S. Imphal,
Imphal West District, Manipur-795001.
2. The Controller, Weights & Measures Department, Government
of Manipur, office at Lamphelpat, P.O. & P.S. Lamphel, Imphal
West District, Manipur-795004.
3. The Manipur Public Service Commissioner, Manipur through its
Secretary, MPSC, Office at North AOC, P.O. & P.S. Imphal,
Imphal West District, Manipur.
4. Shri Gangmei Kumar Kabui aged about 50 years S/o (L) G.
Manglemjao Kabui, P.O. & P.S. Wangoi, Imphal West District,
Manipur, PIN - 795009. Designation: Inspector, Weights &
Measures Department, Lamphelpat.
5. Heskey Meinam aged about 31 years S/o Meinam Suranjoy
Singh of soibam Leikai Meri Leirak, P.O. & P.S.- Porompat,
Imphal East District, Manipur, PIN-795005. Designation:
Inspector of Weights & Measures Department, Lamphelpat.
6. Sanabam Suraj aged about 31 years S/o Sanabam Apabi Singh
of Wangkhei Koijam Leikai, P.O. Imphal, P.S. Porompat, Imphal
East district, Manipur PIN-795001. Designation: Inspector of
Weights & Measures Department, Lamphelpat.
........ Respondents.
B E F O R E
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
For the Petitioners :: Mr. Anjan Prasad Sahu, Adv.
For the respondents :: Mr. Y. Ashang, G.A. &
Mr. A. Romenkumar, Sr. Adv.
Date of hearing :: 09.11.2023 & 03.04.2024
Date of Order :: 10.04.2024
WP(C) No. 555 of 2022 with
WP(C) No. 531 of 2022 Page 2
JUDGMENT & ORDER (CAV)
[1] Heard Mr. Anjan Prasad Sahu, learned counsel for the
petitioners, Mr. Y. Ashang, learned G.A. for the State respondents and Mr. A.
Romenkumar, learned senior counsel assisted by Mr. R K Bana, learned
counsel for the private respondents.
[2] Since these matters are arising out of the same department, they
are heard and considered together.
[3] The brief facts of the case in WP(C) No. 555 of 2022 is that the
3 (three) petitioners were initially appointed to the post of Inspector, Weights
& Measures, Government of Manipur on 31.12.2016. The petitioners
underwent Basic Training Course in Legal Metrology held in the month of
November, 2018 conducted by the Ministry of Consumer Affairs Food and
Public Distribution, Government of India at Ranchi for the purpose of attaining
eligibility for promotion to the higher grade of Legal Metrology Officer and for
grant of increments. The result of Basic Training Course was declared on
20.05.2019.
[4] The results of the petitioners were declared as
compartmental/not passed. It is stated that the Director of Legal Metrology,
Government of India issued a letter/circular dated 27.12.2019 to all the States
and Union Territories informing that "a person who attends the Basic Training
Course (BTC) at Ranchi with a minimum of 75% of attendance may be
considered as successful completion of the Basic Training Course at the
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WP(C) No. 531 of 2022 Page 3
Indian Institute of Legal Metrology, Ranch and may be eligible for posting".
[5] In the notice dated 14.11.2018 issued by the Director of
Consumer Affairs, Food and Public Distribution, Indian Institute of Legal
Metrology, Government of India at Ranchi where it is stated that the petitioners
secured attendance of 94.74% in theory and 94.64% in practical respectively.
[6] The petitioners submitted a representation dated 18.02.2020 to
the Controller, Weights and Measures Department, Government of Manipur
to consider their case as having successfully completed the Basic Training
Course in terms of the letter/circular dated 27.12.2019 issued by the
Government of India. The Controller (CAF & PD), Government of Manipur sent
a letter dated 25.02.2020 to the Director of Legal Metrology, Ministry of
Consumer Affairs, Good and Public Distribution, Government of India, New
Delhi enquiring whether 8 (eight) trainees including the petitioners herein can
be declared as having successfully completed Basic Training Course and are
eligible for posting in terms of Rule 28 of the Legal Metrology (General) Rules,
2011.
[7] In pursuance to the above letter, the Deputy Director, Legal
Metrology, Ministry of CAF & PD, Government of India informed the Controller
(CAF & PD), Government of Manipur to consider the case of trainee who got
75% minimum attendance in terms of the circular dated 27.12.2019 issued by
the Government of India. Thereafter, the Under Secretary (Finance PIC),
Government of Manipur proposed for giving increments to 4 (four) Inspectors,
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WP(C) No. 531 of 2022 Page 4
Weights & Measures Department, Manipur including the petitioners herein. As
the said proposal has not materialised, the petitioners approached this Court
for giving a direction to the State respondents that they be granted second
and subsequent increment as having successfully completed the Basic
Training Course session August to November, 2018 held at Ranchi as they
got 94.74% attendance in theory and 96.64% in practical in terms of the
circular dated 29.12.2019 issued by the Ministry of Consumer Affairs, Food
and Public Distribution, Government of India earmarking a minimum of 75%
attendance in the course.
[8] The State respondents filed counter affidavit wherein it is
mentioned that vide letter dated 13.03.2020, the Deputy Director, Legal
Metrology, Government of India only informed the Controller (CAF & PD),
Government of Manipur to examine the case of the petitioners and others in
terms of the circular dated 27.12.2019 and the letter does not confirm that the
petitioners have successfully passed the Basic Training Course at Ranchi. It
is also stated that as per the relevant Rules for grant of increments, the
candidates would successfully completed the Basic Training Course and mere
attending 75% attendance cannot be considered as successfully completed
the course. It is further stated that as per the result of the Basic Training
Course at Ranchi, the petitioners and others were not successful and hence,
they are not entitled to the increment as prayed for.
[9] The petitioners filed rejoinder affidavit to the counter affidavit filed
by the State respondents and reiterated that the petitioners and others who
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WP(C) No. 531 of 2022 Page 5
have a minimum of 75% attendance in Basic Training Course at Ranchi would
be declared successful in terms of the e-mail dated 16.11.2022. In terms of
the clarificatory e-mail sent by the Professor & HoO IILM, Ranchi, it is
mentioned that those who have undergone BTC in old pattern will be deemed
to have successfully completed the training by considering their 75%
attendance.
[10] The brief facts of the case in WP(C) No. 531 of 2022 are that the
petitioner was appointed as Inspector, Weights & Measures, Government of
Manipur vide order dated 23.12.2016 issued by the Commissioner (CAF &
PD), Government of Manipur. The petitioner attended the Basic Training
Course from August to November, 2018 at Indian Institute of Legal Metrology
at Ranchi and completed the same with 94.74% attendance in theory and
96.64% in practical. In the result declared on 20.05.2019, the petitioner was
mentioned as failed.
[11] Vide circular dated 27.12.2019 issued by the Ministry of
Consumer Affairs, Food and Public Distribution, Department of Consumer
Affairs Legal Metrology Division, Government of India, it is stated that "a
person who attends the BTC at Ranchi with a minimum of 75% of attendance
may be considered as successful completion of the basic training course at
the Indian Institute of Legal Metrology, Ranchi and may be eligible for posting".
It is stated that in terms of the circular dated 27.12.2019, the petitioner is
deemed to be successfully completed the Basic Training Course from Legal
WP(C) No. 555 of 2022 with
WP(C) No. 531 of 2022 Page 6
Metrology having secured more than 75% attendance by the petitioners and
3 (three) other persons.
[12] The petitioners in WP(C) Nos. 531 of 2022 and 555 of 2022
made a common representation dated 18.02.2020 to the Controller, Weights
and Measures, Government of Manipur to consider them as successfully
completed the Basic Training Course at Ranchi in terms of the circular dated
27.12.2019 issued by the Government of India having attended more than
75% of attendance in the course. The Controller, Weights and Measures
Department, Government of Manipur issued final seniority list of Inspectors
and in the columns, having successfully completed Basic Training Course of
IILM at Ranchi, is not recorded against the name of the petitioners. It may be
mentioned that the Under Secretary (Finance PIC), Government of Manipur
put up a proposal for conferring increment to 4 (four) Inspectors, Weights &
Measures Department [the petitioners in WP(C) No. 531 of 2022 and WP(C)
No. 555 of 2022], but the same has not been materialised.
[13] The petitioner submitted a representation dated 30.06.2022 to
the Controller, Weights and Measures, Government of Manipur for
considering grant of benefit or promotion having successfully completed Basic
Training Course of Legal Metrology at Ranchi. In the legal notice dated
04.06.2022 was sent by the petitioner through his counsel to the State
respondents, it is prayed that the final seniority list of the Inspector, Weights
and Measures Department, Government of Manipur be modified by filling up
the blank space in remark column as successfully completed Basic Training
WP(C) No. 555 of 2022 with
WP(C) No. 531 of 2022 Page 7
Course at Ranchi so as to consider him for promotion to the next higher post
of Assistant Controller, Weights and Measures Department, Government of
Manipur. The main prayers in WP(C) No. 531 of 2022 are to rectify the
seniority list of Inspector by inserting in the remark column as successfully
completed BTC, to grant increment and to consider for promotion to the post
of Assistant Controller and to keep in abeyance the process of promotion to
the post of Assistant Controller, Weights and Measures during the pendency
of the present writ petition and to dispose of the representation dated
30.06.2022. Vide order dated 13.07.2022 passed by this Court in WP(C) No.
531 of 2022, the proceedings for promotion to the post of Assistant Controller,
Weight & Measures Department, Government of Manipur was kept in
abeyance till next date and the interim order was extended from time to time.
[14] The State respondents filed counter affidavit reiterating the
similar grounds as raised in WP(C) No. 555 of 2022 to the effect that the State
respondents have to verify eligibility of the petitioner in terms of the circular
dated 27.12.2019 issued by the Government of India and as per Recruitment
Rules of the Assistant Controller, Weights and Measures. It is stated that only
the Inspectors should have successfully passed the Basic Training Course at
Ranchi can be considered for promotion and only successful completion of
BTC is not sufficient for promotion to the post of Assistant Controller in terms
of relevant rules. As such, the petitioner is not eligible for consideration for the
promotion, after having been declared as failed in BTC at Ranchi.
WP(C) No. 555 of 2022 with
WP(C) No. 531 of 2022 Page 8
[15] In the rejoinder affidavit, the petitioner has reiterated the contents
of the writ petition and has further stated that as per the clarificatory e-mail
sent by Professor & HoO IILM, Ranchi that those persons who have
successfully completed the training by considering their 75% attendance
under the old pattern will be deemed to be successfully completed the training.
[16] Mr. Anjan Prasad Sahu, learned counsel for the petitioners in
both the writ petitions, submits that in terms of the circular dated 27.12.2019
issued by the Ministry of Consumers Affairs, Food and Public Distribution,
Government of India, those Inspectors who have secured 75% attendance in
Basic Training Course at Ranchi would be considered as successfully
completed the course and are eligible for increment. He draws the attention of
this Court to the Recruitment Rules for the post of Inspector, Weights and
Measures, Government of India in column 9 of the RR stipulating subsequent
increments will be subject to successful completion of Basic Training Course
at the Indian Institute of Legal Metrology established by the Central
Government.
[17] Mr. Anjan Prasad Sahu, learned counsel for the petitioners,
submits that the RR provides that the increment will be entitled on successful
completion of Basic Training Course at Ranchi. In terms of the circular dated
27.12.2019 issued by the Government of India, an Inspector having attended
the Basic Training Course at Ranchi with minimum 75% of attendance would
be considered as successfully completed the Basic Training Course. Learned
counsel for the petitioners submits that on joint reading of the column 9 of the
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WP(C) No. 531 of 2022 Page 9
Recruitment Rules and circular dated 27.12.2019 issued by the Central
Government, it is clear that the petitioners are deemed to be treated as
successfully completed the Basic Training Course at Ranchi and are eligible
for increment. It is also further submitted that once the Inspector is deemed to
be successfully completed the Basic Training Course for the purpose of
increment in the post of Inspector, Weights and Measures, the same benefit
has to be extended to them while considering for promotion to the next higher
post of Assistant Controller, Weights and Measures. It is submitted that the
writ petition be allowed and the petitioners be granted increment as proposed
by the Finance Department and also consider for future promotion to the
higher grade of Assistant Controller.
[18] Mr. Y. Ashang, learned G.A. for the State respondent, explains
that the circular has nowhere stated that the petitioners be granted increment
and promotion in total disregard of mandatory provisions of the Recruitment
Rules. It is clear from the letter dated 13.03.2022 sent by the Deputy Director,
Legal Metrology, Government of India to the Controller (CAF & PD),
Government of Manipur that the State Government has to make a decision
with regard to the eligibility of the petitioners for the purpose of increment as
well as for considering for promotion in terms of the circular dated 27.12.2019
prescribing minimum attendance of 75% in the Basic Training Course at
Ranchi. Learned G.A. has also pointed out that the result of the Basic Training
Course in which the petitioners herein appeared was declared on 14.11.2018
and the circular for considering 75% attendance was subsequently issued on
27.12.2019. The circular cannot have retrospective effect and has to be
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WP(C) No. 531 of 2022 Page 10
construed prospectively and hence, the petitioners are not entitled to the
benefit of the circular dated 27.12.2019. It is stated that those who have failed
in BTC like the petitioners herein, cannot be considered as successfully
passed and/or successfully completed the training for considering of the
increment as well as promotion in terms of the Recruitment Rules. It is stated
that the circular cannot be overwrite the statutory Rules.
[19] Mr. A. Remenkumar, learned senior counsel for the private
respondent Nos. 4, 5 & 6 in WP(C) No. 531 of 2022, submits that the petitioner
has no locus to file the present writ petition.
[20] Private respondent nos. 4, 5 & 6 in WP(C) No. 531 of 2022 filed
counter affidavit stating that the petitioner has no locus to file the writ petition
as he is not eligible for promotion to the post of Assistant Controller, as he did
not pass the mandatory Basic Training Course under the Recruitment Rules
for the post of Assistant Controller. It is also stated that seniors who are not
eligible cannot be considered for promotion and seniority and eligibility are
different concepts. It is also stated that the circular dated 27.12.2019 cannot
overwrite the Recruitment Rules in this regard and mere attending 75%
classes in the Basic Training Course cannot be deemed as having passed the
course as provided in the Recruitment Rules of the Assistant controller,
Weights and Measures. It is prayed that writ petition be dismissed.
[21] Mr. A. Romenkumar, learned senior counsel, relies on the
decisions of (i) State of Gujarat & Ors. vs. Arvindkumar T. Tiwari & Anr.
reported as (2012) 9 SCC 545 to the point that eligibility/norms fixed by the
WP(C) No. 555 of 2022 with
WP(C) No. 531 of 2022 Page 11
statute and Rules cannot be relaxed to the extent that the same may be lower
than ones fixed by the statute; (ii) Aheibam Romel Singh vs. State of
Manipur & Ors. reported as (2014) 3 NEJ 411 (Man.), it is held that the plain
meaning given in the provision of the statute must be given effect to and
cannot be ignored; and (iii) A. Rajagopalan & Ors. vs. District Collector,
Thiruchirapalli District & Ors. reported as (2019) 5 SCC 560, it is held that
in absence of any amendment framed under Article 309 of the Constitution,
the decision of any administrative instruction has no consequence.
[22] This Court has considered the submissions made at the bar and
the materials on record especially the circular dated 27.12.2019 issued by the
Government of India and the relevant Recruitment Rules for the posts of
Inspector and Assistant Controller, Weights and Measures Department,
Government of Manipur. In Column 9 of the Recruitment Rules for the post of
Inspector, Weights and Measures, it is provided that successful completion of
Basic Training Course at Indian Institute of Legal Metrology established by the
Central Government is a condition precedent for having increment by the
Inspectors. In column 11 of the Recruitment Rules of Assistant Controller,
Weights and Measures Department, Government of Manipur for promotion
from the cadre of Inspectors, Weights and Measures to the post of Assistant
Controller, an Inspector shall have 5 (five) years regular service and
successfully passed the departmental examination/Basic Training Course of
Inspector conducted by the recognised university.
WP(C) No. 555 of 2022 with
WP(C) No. 531 of 2022 Page 12
[23] On careful consideration of the Recruitment Rules for the
Inspector and the Assistant Controller, it is seen that different expressions
have been used by the authority in the Rules. In the case of Inspector 'having
successfully completed the Basic Training Course' is sufficient for the purpose
of increment where for the purpose of promotion to the post Assistant
Controller from the post of Assistant Inspector, 'successfully passed the Basic
Training Course' is mandatory. Generally, increments are given after passing
departmental examination or any other course prescribed by the Rules and
successful completion and successfully passed the course will bear the same
meaning. However, RR uses different words for the purpose of increment
(successfully completed) and promotion (successfully passed). The Central
Government issued clarificatory circular dated 27.12.2019 stating that "a
person who attends the BTC at Ranchi with a minimum of 75% of attendance
may be considered as successful completion of the basic training course at
the Indian Institute of Legal Metrology, Ranchi and may be eligible for posting"
to the effect of the circular stating that the successful completion will meant
attendance of 75% in the course. However, in the result declared by the IILM,
Ranchi on 20.05.2019, the petitioners herein were placed as compartmental
or failed. In other words, the petitioners did not pass the Basic Training Course
at Ranchi. However, in the notice dated 14.11.2018 issued by the IILM, the
petitioners herein have attended 94.74% attendance in theory and 96.64% in
practical and as such, they are deemed to have successfully completed the
Basic Training Course at Ranchi in terms of the circular dated 27.12. 2019.
WP(C) No. 555 of 2022 with
WP(C) No. 531 of 2022 Page 13
[24] On joint reading column 9 of the Recruitment Rules of Inspector,
Weights and Measures, the circular dated 27.12.2019 and the notice dated
14.11.2018 giving the percentage of attendance in the Basic Training Course
at Ranchi, at least the petitioners (having more than 75% in attendance) can
be construed as successfully completed the Basic Training Course at Ranchi
for the purpose of considering increment for the post of Inspector, Weights
and Measures, Manipur in terms of the column 9 of the Recruitment Rules.
However, for the purpose of promotion to the post of Assistant Controller,
Weights and Measures, Manipur keeping in mind the requirement in column
11 prescribing successfully passed the Basic Training Course, the petitioners
herein will not avail the benefit and circular dated 27.12.2019 for the purpose
of promotion to Assistant Controller. In other words, the petitioners in both writ
petitions are not eligible for considering for promotion to the post of Assistant
Controller until they successfully pass the mandatory requirement of BTC as
per RR.
[25] Accordingly, writ petition being WP(C) No. 555 of 2022 is allowed
to the effect that the Inspectors who have attended the minimum 75% of
attendance in the Basic Training Course of Indian Institute of Legal Metrology,
Ranchi will be eligible for considering for increment in terms of the circular
dated 27.12.2019 issued by the Government of India read with notice dated
14.11.2018 indicating 94.74% and 96.64% attendance of the petitioners and
the relevant RR for Inspector.
WP(C) No. 555 of 2022 with
WP(C) No. 531 of 2022 Page 14
[26] Writ petition No. 531 of 2022 is dismissed with respect to
consideration for promotion to the post of Assistant Controller, Weights and
Measures Department, Government of Manipur, as the petitioner did not pass
the Basic Training Course at Ranchi from IILM, Ranchi in terms of the relevant
Recruitment Rules. However, it is clarified that the petitioner will also get the
benefit of increment as held in WP(C) No. 555 of 2022 in the cadre of
Inspector, as he scored 75% attendance in BTC. It is directed that in the
remark column of the seniority list of Inspectors, the words having successfully
completed the Basic Training Course of IILM, Ranchi be recorded against the
name of the petitioners/candidates, who have failed to pass the course but
secured at least 75% attendance in BTC. It is further directed to upgrade the
status of other Inspectors (like the private respondents) who have successfully
passed the BTC in the remark column from successfully completed to
successfully passed for the purpose of promotion to the post of Assistant
Controller and to distinguish them from those who have failed in BTC.
[27] With these observations and directions, writ petitions are
disposed of. Interim order dated 13.07.2022 passed by this Court in WP(C)
No. 531 of 2022 for keeping in abeyance the proceedings for promotion to
Assistant Controller, Weights and Measures shall stand vacated. No cost.
KH. JOSHUA KH. JOSHUA
MARING
MARING Date: 2024.04.10
JUDGE
12:44:15 +05'30'
FR/NFR
Kh. Joshua Maring
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