The State Of Manipur vs Takhelmayum Khelendro Meitei

1. The High Court of Manipur allowed the Writ Petitions filed by the Respondents-herein and directed the declaration of the results relating to selection to the posts of Lineman conducted in the year 1999 within a period of three weeks. The process of appointment was directed to Digitally signed by be completed within four weeks and the successful candidates were ANITA MALHOTRA Date: 2019.01.22 17:10:23 IST Reason: 1 directed to be adjusted against the vacancies notified for the posts of Junior System Assistants. Aggrieved thereby, the State of Manipur has filed the above Appeals.

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 19th August, 1999 to 13th 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 2 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.

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 4 applications from eligible candidates for appointment to the post of Junior Technical 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 10th 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 Technical Assistants out of the 100 posts which were advertised. However, the advertisement notifying the selection to the posts of Junior Technical Assistants was withdrawn by the Government.

13. For the aforementioned reasons, the Appeals are allowed and the judgment of the High Court is set aside.