AI Structured Summary
Not yet generated for this judgment
Judgment
A. Guneshwar Sharma, J
[1] Heard Mr. HS Paonam, learned senior counsel assisted by Mr. N. Bipin, learned counsel for the petitioners, Mr. M. Rendy, learned counsel for the private respondent No.4 and Mr. S. Nepolean, learned GA for the State respondents.
[2] It is the case of the petitioners that the petitioners and the private respondent No.4 are working as Inspectors(Statistics) in the Social Welfare Department, Government of Manipur.
[3] As per the final Seniority list dated 18.08.2021 issued by the Director, Social Welfare Government of Manipur, the petitioners are placed at serial Nos. 18, 19, 20, 20, 21, 22, 23 & 25 while the private respondent is placed at serial No.26.
[4] Vide order dated 15.12.2023 issued by the Joint Secretary(SW), Government of Manipur at serial No.27, respondent No.4 is posted as inspector(Statistics), ICDS Project Phungyar and In-charge CDPO, ICDS Project, Phungyar in addition.
[5] The petitioners are aggrieved only with the In-Charge arrangement of CDPO, ICDS, Project, Phungyar given to the respondent No.4 as he is junior to all the petitioners.
[6] It is stated that the CDPO, ICDS Project is promotional post for inspector(Statistics), as well as supervisor in the Social Welfare Department.
[7] Mr. H. S Paonam, learned senior counsel appearing for the petitioners draws the attention of this Court of the office memorandum dated 03.10.2020 wherein para No.4(ii) stipulates that when the eligible incumbents are not available in the feeder post, senior most from the feeder post shall be appointed to hold the said post on in-charge basis. He further pointed out that the office memorandum dated 09.03.2021 stipulates that integrity certificate such as Vigilance Clearance, non-pendency of Department Enquiry, Non-Pendency of FIR cases which as has been taken cognizance by Magistrate etc is mandatory for In-Charge appointments, especially the Head of Departments.
[8] It is pointed out that conferring In-Charge CDPO, ICDS project, Phungyar to the respondent No.4 is in violation of the OMs referred above and that the impugned order be stayed.
[9] Issue notice.
[10] Mrs. RK Emily, learned GA assisting Mr. S. Nepolean, learned GA accepts notice on behalf of respondent Nos.1 to 3 and Mr. M. Rendy, learned counsel accepts notice on behalf of respondent No.4 and seeks 2(two) weeks’ time for filing counter affidavit.
[11] Mr. M. Rendy, learned counsel for respondent No.4 prays for not passing any interim order today as arguing counsel Mr, M. Hemchandra, learned senior counsel is out of station and the matter may be listed on re-opening of the Court.
[12] Mr. H. S Paonam, learned senior counsel for the petitioners further submits that interim order may be considered on the next date. However, the respondent No.4 may not be permitted to function as In-charge CDPO, ICDS project Phungyar till the next date.
[13] In the circumstances, list this cases on 10.01.2024.
[14] The prayer for interim relief will be considered on the next returnable date.
[15] Till then, the respondent No.4 shall not function as CDPO, ICDS, Project Phungyar as interim measure.
[16] Furnish copy of this order to both the parties during the course of the day.