N. Birendra Singh vs L. Priyokumar Singh & Ors

He thereafter filed a representation for determination of his seniority. As the question of seniority was pending before the High Court at the instance of some other officers, the appellant herein also filed a Writ Petition claiming similar reliefs which was marked as C.R.No.226/93.

A tentative Seniority List was published on 30.6.1994 wherein he was shown at Serial No.7. He filed a representation claiming that his seniority be reckoned from the date of his regularisation. A final Seniority List was published on 6.5.1995 wherein his position was shown as Serial No.49. According to the appellant, his name should have appeared at Serial No.13 of the seniority list. A writ petition was again filed by him praying for quashing of the final Seniority List and for determining his seniority from the date of regularisation, which was marked as C.R.No.308/95. Several interim orders were passed therein. The said interim orders came to be vacated by an order dated 4.10.1996, but it was made clear that any promotion to the post of Executive Engineer (Elect.) made during pendency of the said writ petition shall be only on officiating basis and subject to the results of the three writ petitions pending before the High Court thence. The State thereafter promoted 15 Assistant Engineers to the post of Executive Engineer on ad-hoc basis which appointments were later on directed to be on officiating basis.

An application has been filed for bringing additional facts and documents on record on behalf of respondent Nos.3, 6, 7, 8 and 10, wherein an order dated 27.2.1998 passed in Writ Appeal No.154/97 and other connected appeals, while setting aside the orders of the learned Single Judge dated 18.3.1997 and 21.5.1997, it was directed to fill up 20 vacant posts on regular basis stating:

What was, therefore, directed to be obeyed was the law operating in the field.

We are, therefore, of the opinion that having regard to its own conduct, the State of Manipur now cannot be heard to say that this Court should uphold the impugned judgment of the Division Bench, although, in law the same is impermissible. We decline to do so. We, therefore, while setting aside the observations and directions issued by the Division Bench in paragraph 21 of the impugned judgment, place on record the concession made by the learned counsel appearing on behalf of the State that the appellant, N. Birendra Singh, would be given all monetary benefits w.e.f. 5.2.1980. We do not find any merit in the appeal preferred by the State. As the learned Single Judge has directed the State to implement its own order, the legal consequences of the said order must ensue and if by reason thereof the concerned appellants had derived certain benefits, there is no reason for us to deprive them therefrom only because the State may feel some difficulty otherwise.

In the result, Civil Appeal Nos.2128-2131 of 2001 preferred by the State are dismissed and other connected appeals filed by the appellants herein are allowed. The writ appeals are disposed of with the aforementioned observations and directions.

Having regard to the fact that some of the writ petitions questioning the order of promotion and seniority are pending consideration before the High Court, we would request the High Court to consider the desirability of disposing of the matters as expeditiously as possible.

In the facts and circumstances of the case, the parties shall bear their own costs.