Manipur High Court
Shri Thiyam Sarat Singh Aged About 52 ... vs The State Of Manipur Represented By The ... on 5 November, 2024
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
JOHN Digitally signed by JOHN TELEN
KOM
TELEN KOM Date: 2024.11.05 16:16:00 +05'30'
Non-reportable
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C)No.500 of 2023
Shri Thiyam Sarat Singh aged about 52 years old S/o Th. Babu Singh, a
resident of Tera Lukram Leirak, PO & PS Imphal, Imphal West District,
Manipur-795001.
...Petitioner
- Versus -
1. The State of Manipur represented by the Commissioner/Secretary, Skill,
Labour, Employment & Entrepreneurship(SLEE), Government of
Manipur, PO & PS Imphal, Imphal West District, Manipur-795001.
2. The Joint Director, Directorate of Craftsmen and Training Manipur having
its Office at DC Office Complex, Imphal West, PO & PS Lamphel, Imphal
West District, Manipur-795004.
....Official Respondents
3. Shri Oinam Amarnath Singh, Naharup Mayai Leikai, PO & PS Porompat,
Imphal East District, Manipur-795005.
....Private Respondents
WP(C)No.500 of 2023 Page 1
With
BEFORE
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
For the Petitioner : Mr. Abdul Baqee Khan.
For the Respondents : Mr. Th. Sukumar, GA; Mr. Sh. Athoi.
Date of reserved. : 19.07.2024.
Date of Judgement & order : 05.11.2024.
JUDGEMENT&ORDER
(CAV)
[1] Heard Mr. Abdul Baqee, learned counsel for the petitioner, Mr. Th.
Sukumar, learned GA for the State respondents and Mr. Sh. Athoi, learned
counsel for the private respondent.
[2] By the instant writ petition, the petitioner is praying for issuance of
a writ in the nature of certiorari or mandamus for quashing and setting aside
the in-charge arrangement order of the private respondent dated 12.07.2023
thereby giving in-charge arrangement to the post of Principal in-charge, Govt.
ITI Ningthoukhong, Manipur.
WP(C)No.500 of 2023 Page 2
[3] Brief facts of the case are that the petitioner was initially appointed
on 19.11.2003 as Crafts Instructor (IT & ESM) on contract basis on a
consolidated pay of Rs.5000/-p.m. for three months, thereafter, the contract
was re-engaged for 1(one) year and the same was extended from time to time
till the regularization on 16.12.2016 to the post of Crafts Instructor (IT&ESM) in
the combine list of grade III & IV and posted at Govt. ITI Ningthoukhong. The
petitioner is a degree holder of Bachelor of Engineering (BE) in Electronic and
Tele-Communication and his date of birth is 03.03.1971.
[4] Vide order dated 06.01.2022 issued by the Joint Director of
Craftsmen Training, Manipur, the Principal of Govt. ITI Ningthoukhong namely,
Shri RK Sailendra Singh was transferred and posted at the Women ITI Takyel,
Imphal. Accordingly, the charge of Principal of Govt. ITI, Ningthoukhong was
handed over to the petitioner forthwith. Thereafter, the petitioner has been
working as Principal-in-charge, Government ITI, Ningthoukhong.
[5] It is stated that the petitioner is a Degree Holder and listed at Serial
No.17 of the said inter-se Seniority of Crafts Instructors(Engineering) and
private respondent is also a degree holder and his name is listed at serial No.61
as per final seniority list published on 15.12.2021 vide memorandum
No.2.25.2017-DCT. It is further stated that the petitioner as well as the private
WP(C)No.500 of 2023 Page 3
respondent were all regularized vide order dated 16.12.2016 on the
recommendation of DPC convened from 12th December 2016 to 13th
December, 2016 and thereafter in pursuance of Secretariat; Skill, Labour,
Employment & Entrepreneurship(SLEE) Department's approval vide No. ITI-
201/6/2021-LAB and EM-LAB & EMPL dated 14th December, 2021, a final
seniority list in respect of Crafts Instructors(Engineering and Non-Engineering)
of the Directorate of Craftsmen Training(ITI), Manipur had also issued vide
memorandum dated 15.12.2021 issued by the Joint Director of Craftsmen
Training, Manipur and the name of the petitioner is appeared at Sl.17(Crafts
Instructor, IT & ESM) and his date of Birth also recorded as 03.03.1971 and the
name of the private respondent is appeared at Sl. No.61(Crafts Instructor,
Wireman) and his Date of Birth also recorded as 12.03.1985.
[6] While the petitioner was holding the post of Principal on in-charge
basis at ITI, Ningthoukhong, Government of Manipur, the Deputy
Secretary(SLEE), Govt. of Manipur issued an in-charge arrangement order
dated 12.07.2023 thereby appointing the private respondent as in-charge
Principal, Govt. ITI, Ningthoukhong. Being aggrieved by the said in-charge
arrangement order dated 12.07.2023, the petitioner has filed the present writ
petition.
WP(C)No.500 of 2023 Page 4
[7] In the counter affidavit filed by respondent Nos. 1 & 2, it is stated
that due to the exigency of work and smooth functioning of ITI of all the districts
of Manipur, there is need to appoint or given charge of Principal in each ITI. In
this regard, the State Government has given the charge of Principal ITI
Ningthoukhong, Manipur on in-charge basis to Shri Oinam Amarnath Singh
(private respondent), Crafts Instructor, Wireman. Further, as per the RR for the
post of Principal(ITI), Shri Oinam Amarnath Singh, Crafts Instructor, Wireman
is eligible for giving I/c Principal because the Crafts Instructor is the feeder post
for promotion to the post of Principal. It is further stated that as per RR for the
post of Principal(ITI), the said post is to be filled up by promotion from
Superintendent(Tech)/Supervisor(Tech) possessing Degree in
Electrical/Mechanical Electronics Civil Computers Automobile Engineering
from a recognized University/Institute with 5(five) years regular service in the
grade and in case of Diploma Engineering holder 8(eight) years regular service
in the grade failing which Crafts Instructor Vocational Instructor(Engineering)
possessing Degree in Electrical Mechanical Electronic Civil Computer
Automobile Engineering from a recognized University/Institute with 10(ten)
years regular service in the grade and in case of Diploma Engineering holder
with 12(twelve) years regular service. So the State Government has given the
WP(C)No.500 of 2023 Page 5
charge of Principal ITI Ningthoukhong, Manipur on in-charge basis to Shri
Amarnath Singh, Crafts Instructor, Wireman because as per the RR for the post
of Principal(ITI), he belongs to the feeder post i.e. Crafts Instructor.
[8] The private respondent has also filed counter affidavit contending
that the said seniority list of Craft Instructor (ITI & ESM) of the Department of
Skill, Labour, Employment & Entrepreneurship, Government of
Manipur/Directorate of Craftsmen and Training, Government of Manipur was
prepared erroneously. There is also no order issued by the authorities
concerned thereby appointing/assigning the petitioner as the in-charge
Principal, Government ITI, Ningthoukhong, Manipur at any point of time and so
the question of violation of the condition of the office memorandum
No.23/20/2019-Misc.(PHED)/DP dated 03.10.2020 does not arise. It is stated
that transfer and posting of Principals are made from the Government level.
Such order of transfers was made by the Under Secretary and Deputy
Secretary of the Department and such orders of transfers were made on
08.05.2018, 20.06.2018 and 06.01.2022 on the basis of which he has been
discharging his duties as Principal, Govt. ITI, Ningthoukhong was an order
issued in furtherance of the letter dated 05.01.2022 written by the Additional
Secretary (Skills, Lab.Exp.& Entrepreneurship) Government of Manipur. It is
WP(C)No.500 of 2023 Page 6
further stated in the counter affidavit that the final seniority list which was
published vide the memorandum dated 15.12.2021 was not prepared and
published by following the settled principles for determination of seniority and
the same was prepared and published by misinterpretation of the judgement
and order dated 05.07.2012 passed by the Hon'ble Guwahati High Court in
WP(C)No.63 of 2021. It is also stated that the petitioner is not the senior most
Crafts Instructor, IT & ESM as his name appeared at Sl. No.17 of the final
seniority list. Apart from this, the petitioner has not been given the charge of the
Principal, ITI, Ningthoukhong on the basis of valid order as such he has no right
for continuing to serve as Principal of the said institute as there is no order of
appointment or giving the charge of said post by an order issued under due
process. Therefore, the petitioner has no right for assailing the order dated
12.07.2023 issued by the competent authority by giving the charge of Principal,
ITI, Ningthoukhong.
[9] In the common judgment dated 05.11.2024 in WP(C) Nos. 454 of
2023, 455 of 2023, 456 of 2023, 457 of 2023, 642 of 2023 titled Md. Zamir Khan
v. State of Manipur & Ors, etc., etc., this Court holds that the in charge
appointment of Principal, Govt. ITI should be made as per RR read with OMs
WP(C)No.500 of 2023 Page 7
dated 03.10.2020 and 09.03.2021 by preferring seniormost officer in the feeder
cadre, when none is eligible for appointment on regular basis.
[10] In the present case, the private respondent at Sl. No.61(Crafts
Instructor, Wireman) is junior to the petitioner (at Sl. No. 17) and his
appointment vide impugned order 21.07.2023 is in violation of the RR and OMs
dated 03.10.2020 and 09.03.2021 and the same is set aside with a direction to
make appointment in terms of RR and OMs. No cost.
[11] In terms of the above, MC(WP(C)) No. 220 of 2023 is also disposed
of.
JUDGE
FR/NFR
John Kom
WP(C)No.500 of 2023 Page 8
