Case: THE STATE OF MANIPUR Vs. TAKHELMAYUM KHELENDRO MEITEI

2. The Department of Electricity, Government of Manipur initiated the process of selection for filling up the posts of Assistant Lineman in the Department of Electricity. Before the process could be completed, a complete ban on direct recruitment was imposed on 6 th November, 1999. The declaration of results of DPC (Selections) already held was also frozen by the said order. According to the State Government, the ban was imposed in view of the financial stringency in the State.3. The Respondents filed Writ Petition (Civil) No. 1040 of 2000 for a direction to the Appellant to declare the result of the DPC held from 19 th August, 1999 to 13 th September, 1999 for selection to the posts of Assistant Lineman. The Writ Petition was disposed of by the Imphal Bench of the Gauhati High Court on 11 th August, 2000. The result of the selection in respect of 155 posts of Assistant Lineman conducted in the year 1999 was directed to be declared not later than one month after lifting of the ban. A policy decision was taken by the Appellant to downsize the strength of government employees to control the financial crisis in the State. The services of persons appointed on direct recruitment, part-time, contract, ad hoc, substitute and casual basis since 1999 were terminated. No direct recruitment, permanent and ad hoc could be made till further orders. Results of DPCs which have not been announced were directed to be treated as cancelled.4. Another Writ Petition was filed by some of the Respondents seeking declaration of the result of selection to the posts of Assistant Lineman contending that the ban on direct recruitment cannot be a ground for not declaring the results of the selection conducted in the year 1999. The High Court directed the announcement of the results of the DPC held between 19 th August, 1999 to 13 th September, 1999 to the posts of Assistant Linemen. The said direction was initially stayed by a Division Bench of the High Court in the Writ Appeal filed by the Appellant. Thereafter, the interim order of stay was vacated by a Division Bench of the High Court vide order dated 29 th November, 2002. The said order was challenged by the Government and this Court directed the Appellant to furnish the list of selected candidates to the High Court in a sealed cover. Learned counsel appearing for the parties were given liberty to peruse it. With the said directions, the Civil Appeal was disposed of.5. The Writ Appeal filed by the Government was disposed of on 19 th November, 2004 with an observation that the appointment shall be made strictly in order of the merit list prepared by the Selection Committee as and when the State decided to lift the ban and make appointments. As the said direction was found to be contrary to the order passed by this Court, the order dated 19 th November, 2004 passed in Writ Appeal No.413 of 2004 was recalled at the behest of the Appellant.6. Thereafter, the Appellant-State issued an advertisement for appointment to various posts including 29 posts of Assistant Lineman in the Electricity Department. The Writ Petition filed by the Respondents questioning the advertisement notifying 29 posts of Assistant Lineman was disposed of by the High Court with a direction to the State Government not to fill up 29 posts of Assistant Lineman without taking an appropriate decision in respect of the recruitment to 155 posts of Assistant Lineman which were advertised in the year 1999.7. In the meanwhile, the Electricity Department was unbundled into two entities i.e. Manipur State Power Corporation Limited (MSPCL) and Manipur State Power Distribution Company Limited (MSPDCL). Manipur State Power Corporation Limited issued a notification inviting applications from eligible candidates for appointment to the post of Junior T echnical Assistants which according to the Respondents are equivalent the post of Assistant Lineman. It is relevant to mention here that the minimum qualification for appointment as per the advertisement was 10 th standard whereas in the year 1999 the minimum qualification required was 8 th standard for appointment as Assistant Lineman. In the interim order passed in the Writ Petitions filed by the Respondents, the High Court directed the State Government not to fill up 56 posts of Junior T echnical Assistants out of the 100 posts which were advertised. However, the advertisement notifying the selection to the posts of Junior T echnical Assistants was withdrawn by the Government.8. A fresh notification for recruitment to 680 posts at Grade-III and Grade-IV levels was issued by the Manipur State Power Corporation Limited. This advertisement included some posts of Junior System Assistant. As this advertisement was issued during the pendency of the Writ Petitions filed by the Respondents, they asserted their right for appointment in the advertised posts of Junior System Assistants. Although, the selection to the posts of Assistant Lineman in the year 1999 was to 155 posts, the present dispute is confined only to 58 Respondents who have filed two Writ Petitions by seeking declaration of the results of their selection in the year 1999. The High Court, by the impugned order, directed the declaration of the results within a period of three weeks and completion of the process of appointment within four weeks. The selected candidates were directed to be adjusted in the post of Junior System Assistants which were notified in the advertisement dated 11 th May, 2016. The Appellant is aggrieved by the said directions issued by the High Court.9. The High Court referred to the Manipur State Electricity (Reforms) Scheme, 2013, especially Clause 7, to hold that all proceedings pending against the Electricity Department shall not abate or be discontinued against the transferee. The High Court was of the view that since the litigation pertaining to the selections that were conducted in the year 1999 was still pending, the transferee entities i.e. Manipur State Power Corporation Limited (MSPCL) and Manipur State Power Distribution Company Limited (MSPDCL) have to discharge their obligations, if any. The High Court referred to several decisions of this Court to reiterate that the State is under no obligation to fill up the vacancies that were advertised, but proceeded to hold that the decision should be bona fide . According to the High Court, there was no bona fide reason for the successor entities of the Electricity Department not to discharge the obligation of appointing candidates selected as Assistant Linemen in the year 1999. The High Court further observed that the process initiated in the year 1999 has not been scrapped. The Appellant was found at fault for not making appointments on the basis of the selections held in the year 1999, while proceeding with recruitment to the post of Junior Assistants and Assistants which are equivalent to Assistant Linemen. On the basis of such reasoning, the High Court directed the appointment of Respondents.

Reasoning:
The said decision of the Government cannot be said to be arbitrary under any circumstances. The policy decision of the Government of Manipur dated 19 th March, 2001 was bona fide and the Respondents cannot assert any right for appointment on the basis of the selections conducted in the year 1999.12. Even assuming that the successor entities of the Electricity Department have an obligation to defend the actions and decisions of the Electricity Department, it is relevant to note that the decision dated 19 th March, 2001 of the Appellant cancelling the selections conducted before that date had not been questioned by the Respondents. In any event, the Respondents do not have a legal right to seek appointment to the posts of Assistant Lineman as the selections stood cancelled by the policy decision dated 19 th March, 2001. We are unable to agree with the High Court?s direction for appointment of the Respondents in the posts of Junior System Assistants which were advertised in 2016.