PETITIONER:
STATE OF MANIPUR
Vs.
RESPONDENT:
SHRI NAMBAM DWIJEN SINGH & ORS.
DATE OF JUDGMENT02/11/1995
BENCH:
RAMASWAMY, K.
HANSARIA B.L. (J)
CITATION:
1996 SCC (7) 35 JT 1995 (8) 278
1995 SCALE (6)397
ACT
HEADNOTE
JUDGMENT
ORDER
Leave granted.
This appeal by special leave arises from the judgment and order dated March 22, 1994 passed in W.A. No.27 of 1993 by the Gauhati High Court at Imphal. The High Court directed the appellant in the ultimate order thus :
"Undisputedly after the judgment was
passed in C.R. No.132 of 1993 the vacant
posts of Executive Engineer of the Civil
Circle of the Electricity Department are
filled up by putting the respondents
incharge. It is not the case that the
vacant posts are never filled up that
being so the submission of Mr. Nandkumar
that the court cannot direct to fill up
all vacant posts by the Govt. Is without
submitions. The subsequent policy
decision if any to reorganise the
Electricity Department is irrelevant as
far as the validity of the judgment and
order dated 11.10.1993 passed in Civil
Rule No.933 of 1993 is concerned. In the
appeal our scrutiny is confined to the
statements made in the C.R. No.933 of
1993 and counter if any and not
extraneous subsequent facts. We have
perused the impugned judgment and order
and we do not find any infirmity and
that being so the appeal is without
merit and is dismissed."
When the matter came up before us, we directed on November 25, 1994 thus :
"In the facts and circumstances, before
deciding the actual controversy, it is
necessary that the State Government
should take a policy decision as to how
many of the posts in each of electrical
and civil engineering are required to be
created and then the principles on the
basis of which they are required to fill
the posts. Until that is done, it is
difficult to give any direction to
consider the claims of the respective
candidates in the respective branches.
The State Government, therefore, is
directed to consider and determine the
restructure of the electrical and civil
engineering departments and the required
number of posts in each department and
the qualifications prescribed and
principles for filling up all those
poses. Two months time is sought for and
granted."
Pursuant thereto, now, the Government has taken a policy decision reorganising the Department into two branches, viz., Executive Branch for Generation with 17 demarcated posts and Electrical Civil Division with four demarcated posts. In view of this policy decision, since the respondents fall in the category of Executive Civil Division, a D.P.C. would be constituted to consider the relative merits of the candidates to be selected as Executive Engineer and thereafter appointment would be made according to Rules.
The appeal is disposed of accordingly. No costs.