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Manipur High Court
Lairenjam Mapiak Singh vs State Of Manipur & 5 Ors on 20 February, 2026
Author: A.Guneshwar Sharma
Bench: A.Guneshwar Sharma
3-4
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No.140 of 2026 with
MC (WP(C)) No.146 of 2026
Lairenjam Mapiak Singh ... Petitioner
-Versus-
State of Manipur & 5 Ors ... Respondents
BEFORE
HON'BLE MR. JUSTICE A.GUNESHWAR SHARMA
20.02.2026
Heard Mr.M.Hemchandra, learned senior
counsel assisted by Mr.M.Rendy, learned counsel for the
petitioner.
The petitioner was appointed as Assistant
Engineer on contract basis in the Manipur State Rural Roads
Development Agency (MSSRDA) vide order dated 14.11.2012
and his service was regularised as Assistant Engineer in the
newly created Rural Engineering Department (RED), under
the Rural Development & Panchayati Raj (RD & PR) w.e.f.
16.9.2016. For promotion to the post of Executive Engineer,
in terms of Recruitment Rule of 2022 it is by promotion with
six years regular service of Assistant Engineer for Degree
Holder and nine years regular service for Diploma Holders
and 6 to 7 years for Diploma Holders with AMIE. There are
25 (twenty five) posts in the cadre and Rule 5 read with
column No.13 of the Rule provides for power for exemption
in consultation with MPSC. The Department of Personnel and
Administrative Reforms issued notification dated 21.7.2023
thereby introducing one time relaxation for regular service,
reducing from six years to four years for Degree and from
nine to six years for Diploma holders and from six to seven
years to five and six years for AMIE Diploma Holders. The
one time relaxation vide notification dated 21.7.2023 was set
aside by Division Bench of this Court on 16.12.2024 in WP(C)
No.534 of 2024 giving liberty to the State respondents to fill
up vacant posts by exercising power of relaxation, if required.
Another WP(C) No.684 of 2023 was also disposed of by the
learned Single Judge vide order dated 31.1.2025 to consider
the case of all eligible candidates for promotion to Executive
Engineer in terms of Division Bench order.
Mr.M.Hemchandra, learned senior counsel for
the petitioner submits that without following the direction
passed by the Division Bench, the Commissioner, RD & PR,
Government of Manipur issued order dated 29.1.2026 in
pursuance to decision taken by the Governor in council in its
meeting held on 21.1.2026 absorbing the service of four
incumbents serving in the RD & PR and other to RED with
immediate effect. The petitioner is aggrieved as respondent
No.6 has been absorbed as Executive Engineer (Civil) in RED
from parent department of RD & PR in violation of RR of
2022.
Learned senior counsel for the petitioner
submits that absorption is in violation of 2022 Recruitment
Rules and decision of the Governor in council cannot override
Statutory Rules framed under Article 309 of the Constitution.
Issue Notice.
Mr.Somorendro Roy, learned Dy.GA assisting
Mr.H.Devendra, learned Dy. A.G, Manipur accepts notice on
behalf of respondent Nos.1, 2, 3 and 4 and Ms. I.Bimola,
learned counsel accepts notice on behalf of respondent No.5
and Mr.Arunkumar, learned counsel assisting
Mr.H.S.Paonam, learned senior counsel for respondent
No.6/caveator.
Service is complete on all respondents.
Mr.H.Devendra, learned Dy.A.G, Manipur prays
for some time to take instruction for filing counter affidavit.
Mr.H.S.Paonam, learned senior counsel for the
Caveator/respondent No.6 submits that respondent No.6 was
promoted to the post of Executive Engineer in the year 2023
in RD & PR and he was utilised as OSD in the grade of
Superintending Engineer in RED. On the other hand,
petitioner is yet to be promoted to Executive Engineer and
petitioner is still in the substantive post of Assistant Engineer
in RED.
Learned senior counsel for respondent No.6
also prays for some time to file comprehensive counter
affidavit. Mr.M.Hemchandra, learned senor counsel fairly
submits that any promotion/absorption done in terms of
impugned order may be subject to outcome of the writ
petition.
Accordingly, it is clarified that anything done in
terms of impugned order dated 29.1.2026 will be subject to
outcome of the writ petition with respect to private
respondent No.6.
List this case on 1.4.2026.
JUDGE
Priyojit
RAJKUMA Digitally signed
by RAJKUMAR
R PRIYOJIT PRIYOJIT SINGH
Date: 2026.02.21
SINGH 14:40:00 +05'30'
