Thingnam Angouba Singh and Others vs State of Manipur and Others

In this writ petition the petitioners, expressed their common grievances and sought for a direction to the State respondents to implement the recommendations submitted by the then Director, Family Welfare Department, under office letter, dated 2.11.95, as in Annexure A/29 to the writ petition ; to implement or strictly adhere, the mandatory guidelines, formulated by the Government of India, in respect of Staffing pattern, as in Annexure A/2 to the writ petition and, to direct the State respondents not to take up any steps for adoption, of the existing Recruitment Rules of. District Extension and Media Officer for the post of Assistant Director (Mass Medial/State Mass Education and Media Officer, and also adoption of recruitment Rules of Health Education Instructors, for Health Education on the basis of the proposal made under office letter dated 19.8.96 and 4.3.96 as in annexure A/33 and A/34 to the writ petition, coupled with the prayer to restrain, them from filling up of the existing vacant posts of District Extension and Media Officer, Health Education Officer, and Deputy District Extension and Media Officer on the basis of the existing related Recruitment Rules.

Supporting the case of the writ petitioners, Shri H S Paonam, Id. Counsel contended, inter alia, that the Family Welfare Programme is a National Programme sponsored by the Government of India with 100% assistance and State Government are implementing the programme. For the implementation of the programme uniformly and smoothly all over the country, Government of India prescribed a National Staffing pattern as in Annexure A/2 to the writ petition. State Governments are allowed to create various categories of posts in accordance with the prescribed staffing pattern, that too, with the prior approval and sanction from the Government of India as seen in the document marked as Annexure A/3. No post is allowed to be created beyond or in excess of the staffing pattern. If any post is found created by the State beyond or in excess of the staffing pattern the State Govt. are to abolish the posts created in excess as reflected in letter No. G. 25011/2/ 93 - SS dated 22.1.1996 ; Government of India, Ministry of Health & Family Welfare (marked as ''X'' for identification).

As per the Staffing Pattern, there is one Mass Media/Information Education & Communication Division under the Family Welfare Department, Manipur. For this Mass Media Division various categories of posts headed by one Assistant Director (Mass Media) have been created by the Government of Manipur. For filling up of these posts Government of India, issued instructions and Guidelines prescribing the method of recruitment ; the essential or required educational and professional qualifications etc. as in Annexure A/5. Job functions and working relationship of the various categories of posts have also been prescribed by the Government of India as in Annexure A/7. To implement these instructions strictly by the State, the Government of India issued letters dated 10.6.1976 and 2.12.1982 (Annexure A/4 and A/8), and made it clear to the State Governments that Instructions and the Guidelines relating to Staffing Pattern and Organisational matters issued by the Government of India are to be implemented in letter and spirit failing which Central Government would find ways and means for its implementation and even the financial assistance would be withdrawn.

Government of Manipur framed Recruitment Rules of these posts under Mass Media/Information Education & Communication Division as seen in the document marked as Annexure A/12 to A/ 21. These Recruitment Rules however did not follow the mandatory Instructions and Guidelines issued by the Government of India which is at Annexure A/5. As per the Instruction/Guidelines, 75% of the posts of District Extension & Media Officers should be filled up by promotion from Deputy District Extension & Media Officer and the remaining 25% by direct recruitment. However, the existing Recruitment Rules of District Extension & Media Officer (Annexure A/18) provides 50% by promotion from Health Educator/Extension Educators but not from Deputy district Extension & Media Officer, the next lower post of District Extension & Media Officer and the remaining 50% by direct Recruitment. Most of the Recruitment Rules of the posts under Mass Media division are, therefore, defective as a result of which most of the holders of the posts under Mass Media division like Assistant Director (Mass Media) / State Education and Media Officer, Audio Visual Officer, Artist-cum-Photographer. Family Welfare Field Worker (Male), projectionist, Cinema Operator, District Extension and Media Officer who are appointed on direct recruitment quota are getting not a single chance for promotion during life time since their initial appointment against their respective posts. There is, therefore, stagnation. To overcome this situation, the Head of the Department of the Family Welfare, Manipur, in the light of the Instructions rendered by the Govt. of India in letter dated 21.1.81, 3.10.86 and 28.7.84 (Annexure 27 A/28 and A/31) submitted a proposal to the Government of Manipur vide letter dated 2.11.95 and 23.5.96 as in annexure A/29 and A/30. Before the Government of Manipur acted, upon the proposal of 2.11.95 and 23.5.96 present Respondent No. 4 submitted letter dated 19.8.96 and 4.3.96 (Annexure A/33 and A/34) to the Government of Manipur, Proposing to adopt the existing defective Recruitment Rules of District Extension & Media Officer for the post of Assistant Director (Mass)/State Mass Education & Media Officer and that of Health Education Instructor for the post of Health Education Officer. In the meanwhile, Government of Manipur, flouted and Advertisement through Manipur Public Service Commission for filling up of one post of District Extension & Media Officer on the basis of the said existing Recruitment Rules.

Shri HS Paonam, further contended that staffing pattern ; Instructions and Guidelines issued by the Govt. of India are mandatory in nature as the scheme is not only 100% assisted by the Govt. of India but also, Govt. of Manipur is not permitted to do anything in deviation or departure of these Instructions and Guidelines as reflected in letters as in Annexure A/27, A/28 and A/31. Due to the non-implementation or due to the violation of these mandatory instructions and guidelines, petitioner right for promotion have been deprived of. Therefore, creation of reasonable promotional opportunities are required to be made available to these deprived Media personnels as the Law laid down by the Hon''ble Supreme Court in AIR 1988 1033 (SC) Mr. H S Paonam argued.

The learned counsel also submitted that an appropriate direction be made to the respondents to implement the proposal/ recommendation made by the Director Family Welfare on 2.11.95 and 23.5.96 as in Annexure A/29 & A/30; to open promotional Avenue ; not to adopt the existing defective R/R of District Extension Media Officer for the post of Assistant Director (Mass Media) and that of Health Education Instructor for the post of Health Education Officer ; not to fill up the existing vacant posts of District Extension & Media Officer ; Deputy District Extension & Media Officer, Health Education Officer on the basis of the existing defective Recruitment Rules.

At the hearing, Mrs. Bidyamani Devi, learned Addl. Govt. Advocate, appearing for and on behalf of respondent Nos. 1, 3 and No. 5, and Mr. N. Kotishwar Singh, learned Counsel appearing for and on behalf of respondents Nos. 2 and 4, contended that the State Government can deviate the instructions and the Guidelines to suit the local situation, as the Instructions and the Guidelines of the Government of India are not mandatory but advisory in nature. It is also submitted by the learned counsel appearing for and on behalf of those respondents that there is no infirmity in the related Recruitment Rules, framed by the State respondent, as seen in the document marked Annexures A/12, A/13, A/14, A/ 15, A/16, A/17, A/18, A/19, A/20, A/21 respectively, and the same were made reasonably. It is also argued by the Ld. Counsel for the said respondents state, the present writ petitioners have no enforceable legal rights, in the matter/in the instant case, and as such the present writ petition derserves out right dismissal.

Now this court is to examine as to whether, the present writ petitioners have enforceable legal rights or not in the instant case, and whether, there has been infirmity in the decision making process in implementing the Family Welfare programme by the State Respondents.

On bare perusal of the Govt. of India Office letter dt. 7.11.1979, as in annexure - 1 to the writ petition, it has been revealed that, Family Welfare Programme, will continue to remain in the State of Manipur, as well as other states, a centrally sponsor scheme with cent-per cent assistance provided by the Government of India, as per approved pattern. Now this Court is also further required to examine and see as to whether all the Guidelines issued by the Centre regarding the Staffing pattern and the organisanal matters, may be implemented by the State respondents, and whether, the State respondents are allowed to create various categories of posts, in accordance with the prescribed Staffing Pattern, and whether final approval and sanction from the Government of India is call for or not, and, whether the State of Manipur have deviated this Family Welfare Programme from the Guidelines issued by the Center/Government of India or not.

On further perusal of the documents marked Annexures A/1, A/2, A/3, A/4 it has been revealed that, entire expenditure on approved scheme under family planning programme is met by the Central Government and as such the expenditure should be incurred strictly in accordance with the approved pattern and the staff employed at the various levels should invariably be as approved by the department, namely the Government of India, Ministry of Health and Family Planning Department, and such due failing compliance with these related stipulation central assistance will not be admissible vide government of India office letter/instructions bearing No. 12015/21/75-DB dated 6.6.76 (Annexure A/4). For the purpose of implementation of Family Welfare Programme which is a National programme sponsored by the Government of India, National Staffing pattern has been laid down as seen in the document marked Annexure A/2 to the writ petition. At the hearing, Mr. H. S. Paonam, Ld, counsel appearing for the petitioners had placed a copy of the Government of India''s Officer Instruction/ Letter dated 22.1.96 bearing No. C/25011/2/93-55, and contended that if the State Government created post in excess of the approved pattern and in defiance with the related instruction/guidelines, those excess posts created without prior approval of the authority concerned should be abolished. The learned counsel has drawn my attention to the related office instruction dated 22.1.1996, I have perused the same. To meet the ends to Justice this Office letter of 22.1.96 is hereby formed part of the record and marked as ''X'' for identification. On perusal of the said Office instruction, it has been revealed that 15 posts of different categories have been sanctioned in the State of Manipur in the post partus programme in the State in excess of the approved pattern of the staff thus causing serious irregularity and accordingly the Govt. of India, Ministry of Health and Family Welfare, in its letter of 22.1.96, directed the state respondents, particularly the Secretary concerned to abolish these posts immediately under intimation of the said Ministry. The said letter also highlighted that no expenditure on these posts should be debited to the Grant-in-Aid released from the Family Welfare Programme.

The documents marked Annexures A/4, A/5, A/7 and A/8 which are all Government of India''s Instructions and Guidelines, prescribed the method of recruitment the essential or required educational or professional qualification for the related posts, Job Functions and Working Relationship of the various categories of posts, prescribed by the Govt. of India and the procedure for implementation of those Guidelines, given to the State Governments. These documents made it clear that the State Governments shall implement those Guidelines, relating to Staffing Pattern and Organisational matters in letter and spirit, failing which the Central Government would find ways and means for, its implementation and even the financial assistance would be withdrawn.

Now the next question imerges in the instant case as to whether the State Government of Manipur have implemented the Family Welfare Programme under the related Guidelines fully and whether these Recruitment Rules, as in Annexures A/12 to A/21 to the writ petition for different categories of posts have been framed in consonance with those Govt. of India Guidelines for the purpose of implementation of Family Welfare Programme in the State or not.

On bare perusal of the related Recruitment Rules, for various categories of posts as seen in the documents marked as A/12 to A/22, it has been further revealed that most of the Recruitment Rules, do not follow the related Guidelines, particularly the Guidelines as in Annexure A/7 to the writ petition with the following reasons and observations :-

"The existing Recruitment Rules for the post of Extension Educator provided that the post can fill up, 50% by giving promotion from among the Lady Health Visitors who are matriculate and having 5 years experience in the field of Family Welfare and Maternity and Child Health. It clearly shows that Family Welfare Field Workers (Male), the next lower post of the Extension Educator in the strata of hierarchy in the extension and Media set up has no promotional avenue throughout their service career. However, Lady Health Visitors have their promotional benefit to another post of Community Health Officer also, and as such this Recruitment Rules of Extension Educator is a defective one."

The Recruitment Rules for the post of District Extension and Media Officer as in annexure A/19 to the writ petition prescribed 50% by promotion from Health Educators/Extension Educators with 5 years regular services in the Grade and 50% by direct method of recruitment for filing up the post, as such this Recruitment Rules does not provide any scope for promotion, to its next lower posts of Deputy District Extension and Media Officer. Apart from it as per, provisions of the related Guidelines and the Job-responsibilities prescribed in Annexure A/5 to the writ petition above, the post of District Extension and Media Officer is to be filled up by giving promotion, at least 75% from Deputy District Extension and Media Officer. But neither from the Health Educator nor Extension Education as laid down in the existing Recruitment Rules and as such, these Recruitment Rules does not provide any avenue for promotion to those next lower post of Deputy Extension Media Officer.

Further, the related Recruitment Rules for the post of Deputy District Extension and Media Officer, as in annexure A/20 to the writ petition, prescribed that the post is to be filled up cent-per cent by giving promotion from Extension Educators, but on careful reading of the Recruitment Rules of District Extension and Media Officer, and that of Deputy District Extension and Media Officer. It is apparent that both the posts can be filled up by giving promotion from Extension Educator, and as such, it is totally against the Guidelines and the Rules, in as much as an Extension Educator can become District Extension and Media Officer without, becoming a Deputy District Extension and Media Officer and, whereas the Deputy District Extension and Media Officer, which is the next lower post of District Extension and Media Officer, but next higher post to Extension Educator, cannot become the District Extension and Media Officer, because of the defectiveness of this Recruitment Rules of District Extension and Media Officer. Again, for the post Senior Artist of the Technical Assistant the Existing Recruitment Rules, provided that the post is to be filled up by direct recruitment quota, but as per the instructions and Guidelines mentioned abpye, it should be a promotional post to be filled up by giving promotion, from Artist-cum-Photographer, and since the post have been made a direct Recruitment, its next lower post of Artist-cum-Photographer, remained stagnant without getting any chance of promotion throughout his life.

The Govt. of India, Ministry of Health and Family Welfare, under its Office letter dated 29.3.1981 (Annexure-24), described the job description for Assistant Director, Mass Media Family Welfare Bureau and stated that this post is the Top Post in The MEM Organisation of the said Family Welfare Bureau, within the job functions assigned to the State Mass Education and Media Officer, and this post of Assistant Director Mass Media, so created had proposed to be designated as State Mass Education and Media Officer, as per Govt. of India Guidelines, and the setup in the light of the Govt. of Manipur Office letter dated 4.6.91 (AnnexureA/25). Apart from it the Director of Family Welfare Services Manipur submitted proposal to the Govt. of Manipur, to upgrade the post of Assistant Director Mass Media/State Mass Education and Media Officer, to the rank of Joint Director Mass Media be the (Annexure A/31). Further, the Govt. of India, Ministry of Health and Family Welfare, Department of Family Welfare, New Delhi, under its office letter dated 28.7.84 (Annexure A/32) directed the Govt. of Manipur to upgrade the post of Audio Visual Officer and District Extension and Media Officer to the rank of Deputy Directors. In my considered view, because of the non-implementation of the above clear cut instructions and Guidelines made by the authority concerned, the status of the top post of Media Organisation, i.e. Assistant Director (Mass Media)/State Mass Education and Media Officer, have been kept as equal to its lower post of District Extension and Media Officer, thereby causing serious disturbance in the hierarchical setup of the Mass Media Organisation.

The former Director in charge Family Welfare Department Manipur, under its official letter dated 2.11.95 (Annexure A/29) urged the Government of Manipur, through the Commissioner, Health and Family Welfare, Government of Manipur for implementation of all Guidelines/instructions regarding Staffing Pattern and organisational matters, appointments etc. The said Director made the following recommendations and proposals has been submitted for acceptance and implementation :-

"(a) The important functions at the Directorate level are planning and implementing the programme or IEC activities, monitoring and evaluation, mobility, works relating to community participation etc. This activity group is headed by one State Mass Education and Media Officer in the rank and designation of Assistant Director (Mass Media) at present. This State level officer a top post in the Media organisation of the State as envisaged in Letter No. N.17011/22/81-MEN dated 29.3.81, may now be upgraded and designated in the rank and status of Joint Director (Mass Media) by way of opening a promotional avenue. He should have an independent section with adequate financial and administrative powers by declaring him as the Head of Office and Drawing & Disbursing Officer in the light of the Government of India''s Letter No. U. 12025/26/79-MEN dated 21.1.81 and No. N. 15011/9/78-MEN dated 14.9.78. It will give a singh of relief to the present holder of the post who have no promotion avenue.

It is also suggested that the post may allowed to be filed up from H.E.O. and DEMO when the present incumbent relieved the post.

(b) Health Education Officer who is No. 2 in the prescribed hierarchy next to State Mass Education and Media Officer/ Assistant Director (Mass Media) (to be designated as Joint Director, Mass Media should work under the control and supervision of State Mass Education and Media Officer, Health Education Officer be made transferable with District Extension and Media Officer so that District Extension and Media Officer may also may get the chance to work under the State Mass Education and Media Officer at the State Head Quarter. These two categories of posts be placed in the rank of Deputy Directors.

(c) In order to provide promotional avenues to Deputy District Extension and Media Officer 75% of posts District Extension and Media Officer be filled up by promotion from Deputy District Extension and Media Officers and 25% by direct recruitment as set out in letter No. M. 12012/8/78-FWB dated 15.5.1979.

(d) Deputy District Extension and Media Officers be upgraded to the rank of post that carries the present scale of pay of Rs. 1640-2900. It may be allowed to be filled up by promotion from Extension Educators as reflected in the existing Recruitment Rules.

(e) Family Welfare Field Worker (Male) is the back bone of Extension Education or I.E.C. unit. They will retire in the same grade as they have no promotional avenue to any post. Their promotion prospect may be opened by keeping some percentage for promotion to the post of Extension Educator.

(f) The post of Technical Assistant/Senior Artist was sanctioned by the Government of India to give promotional avenue to Artist-cum-photographer. Due to the defectlveness in the present Recruitment Rules of the post of Senior Artist/Technical Assistant, Artist-cum-photographer cannot be promoted to this post. The present Recruitment Rules of Technical Assistant be changed/amended and be allowed to be filled up by giving promotion from the Artist-cum-photographer.

The present incumbents of the post of Technical Assistant who do not posses the requisite qualification to become Senior Artist/Technical Assistant may be adjusted to a post like Extension Educator as she passed Bachelors Degree in Arts.

(g) Audio Visual Officer is one of the important key post of JEC division, it is felt that this officer is not properly placed in rank and remains was the same without any future promotional avenue. This post may also be upgraded to the rank of Deputy Director.

(h) Post like Projectionist/Cinema Operators do not have any promotional avenue. They face stagnation. They are going to retire as the same. They join as projectionist, they will retire as projectionist. At least two promotional avenues may be provided to them."

Over and above, this the respondent No. 4 also urged the Principal Secretary, Health and Family Welfare, Government of Manipur, Imphal for re-organisation of IEC/Mass Media Division, Family Welfare Department, Manipur under its office letter dated 23.5.96 (Annexure - A/30) with the following recommendations :-

"(a) The post of Assistant Director (Mass Media) may be upgraded and redesignated as State Mass Education and Media Officer in the rank and status of Joint Director of Joint Director (Mass Media) in the scale as per R.O.P 1990

(b) Creation of post of Editor-cum-Computer Programmer in the scale of pay Rs. 2200 to 3500 and adoption of Recruitment Rules of Computer Programmer, Department of Science and Technology and Environment, Manipur to handle/operate the existing Computerised Risograph printer of the Department instead of creating the post designating as Editor only as sanctioned by the Government of India.

(c) Revision of scale of pay of the post of Assistant Editor from its existing scale of Rs. 1400 to 2300 to Rs. 1600 to 2600."

Despite the existence of these two letters/proposal of the same authority, as in Annexure A/29 and A/30, the fourth respondent, issued two office letters dated 19.8.96 and 4.3.96, as in annexure A/33 and A/34 proposing the authority concerned for adopting the same Recruitment Rules of the District Extension and Media Officer for the post of Assistant Director (Mass Media) ; and also for adoption of Recruitment Rules of Health Education Instructor as to Health Education Officer by amending the existing Recruitment Rules for the post of Assistant Director (Mass Media) to the contrary, all these earlier proposals as well as to utter deviation and violation of all the related Govt. of India''s. Instruction and Guidelines, in the matter of implementation of Family Welfare Programme in the State of Manipur. In my considered view, these two impugned office letters/proposals dated 9.8.96 and 4.3.96, as in annexure A/33 and A/34 to the writ petition are not reasonable and the same is against all the related mandates'' and Guidelines issued by the Government of India for implementation of Family Welfare Programmer, and as such, it is not tenable in the eye of law, and accordingly these are quashed.

The proposals made by the Director concerned as mentioned and reflected above, (extracts from the document marked Annexures A/29 and A/30), are reasonable proposals and it was made in consonants with the related Guidelines of the government of India, for implementation of Family Welfare Programme in the State of Manipur.

The submission on Mr. HS Paonam, learned counsel that the holder of the posts under the Mass Media Division like, Assistant Director (Mass Media), Audio and Visual Officer, Artist-cum-photographer, District Extension and Media Officer, who are appointed on direct recruitment quota, shall not get a single chance for promotion during his life time, since their initial appointment against their respective post because of the defective Recruitment Rules, and their services shall remain stand-still and stagnant, has considerable force, and it impressed me. At this stage, I hereby, recall the decision of the Apex-Court, rendered in Sakthivelu Polypack Vs. Asst. Commr. of Central Excise and Others, Wherein the Apex Court held thus :-

"Promotional opportunities, should be available in every wing of public Service. That Generates efficiency in service and foster the appropriate attitude to grow for achieving excellence in service. In absence of promotional prospects, the service is bound to degenerate and stagnation kills the desire to serve properly."

It is well settled that the High Court cannot revised Recruitment Rules as it is not within its competence while exercising its writ jurisdiction ; but, the Court can see and examine as to whether there has been infirmity in the decision making processes, in the related matter.

In my considered view there are infirmities and irregularities on the part of the State respondents while implementing the National Programme, like Family Welfare Programme, sponsored by the Govt. of India with 100% assistence in the State of Manipur, as highlighted above, Hence this Court required the State Government/respondents, itself to apply its mind to what has been stated, above and to take the necessary decision within a reasonable period, preferably within a period of 4 months form today, keeping in view the above observations, thus implementing the related Guidelines and instructions as mentioned above, and reflected in the related documents appended to the writ petition, so as to enable the State respondents to implement Family Welfare programme successfully in the State of Manipur, and thus ventilating the grievances of the writ petitioners.

For the reasons, observations and directions made above, this writ petition is disposed of. No costs.