W.P. (C) No. 494 of 2015. Case: Heigrujam Kulachandra Singh Vs The State of Manipur and Ors.. Manipur High Court

Case Number:W.P. (C) No. 494 of 2015
Party Name:Heigrujam Kulachandra Singh Vs The State of Manipur and Ors.
Counsel:For Appellant: Th. Babita, Advocate and For Respondents: R.S. Reisang, Sr. G.A. assisted by Th. Sukumar Singh, Addl. G.A., H. Debendra, Govt. Advocate and Kh. Tarunkumar, Advocate
Judges:Rakesh Ranjan Prasad, C.J. and Kh. Nobin Singh, J.
Issue:Constitution of India - Article 309
Judgement Date:January 31, 2017
Court:Manipur High Court
 
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Judgment:

Kh. Nobin Singh, J.

  1. Heard Ms. Th. Babita, the learned counsel appearing for the petitioner; Shri R.S. Reisang, the learned Sr. Government Advocate assisted by Th. Sukumar Singh, Addl. Government Advocate for the MPSC; Shri H. Debendra, the learned Government Advocate appearing for the State respondents and Shri Kh. Tarunkumar, the learned counsel appearing for the private respondent.

  2. In the instant writ petition, the petitioner has prayed for issuing a direction directing the respondents to amend the Manipur Police Telecommunication Service Rules, 2015 by deleting the proviso below sub-rule (i) and (ii) of Rule 28 (a) of the said Manipur Police Telecommunication Service Rules, 2015 (hereinafter referred to as "the Service Rules, 2015").

    3.1 According to the petitioner, he was initially appointed as the Assistant Technical Maintenance Officer (hereinafter referred to as "the ATMO") in Manipur Police Wireless Radio (Grid) vide order dated 04-09-1986 issued by the Joint Secretary (Home), Government of Manipur and after having served for more than eleven years as the ATMO, the petitioner was appointed on promotion to the post of Deputy Director (Wireless) vide Government order dated 08-05-1997. The next higher promotional post from the post of Deputy Director (Wireless) was the Superintendent of Police (Wireless) which was later up-graded and re-designated as the Director (Wireless) in the rank and status of the Deputy Inspector General of Police. In the meantime, the post of Deputy Director (Wireless) was also re-designated as the Joint Director (Wireless) on the introduction of the Manipur Services (Revised Pay) Rules, 1996 and accordingly, the petitioner became the Joint Director (Wireless) w.e.f. 01-01-1996.

    3.2 On account of the said up-gradation of various posts as aforesaid, a peculiar situation did crop up by which the Government of Manipur felt the need of reorganisation of the Manipur Police Telecommunication System with a view to implement the Technical Standards Committee Report of the Directorate of Police Telecommunication, Directorate of Coordination (Police Wireless), Ministry of Home Affairs, Government of India which remained unimplemented in the State since 1988. Accordingly, the Police Department, Manipur vide its letter dated 03-10-2006 submitted a report/proposal to the State Government for revamping of Manipur Police Wireless Organisation, the main object of which was to constitute the Manipur Police Telecommunication Service as a separate cadre to be manned by qualified Telecommunication Engineers and Technical hands and the draft Manipur Police Telecommunication Service Rules was appended thereto as Annexure - C. On 11-07-2008, a Committee of Officers chaired by the Chief Secretary, Manipur decided to accept the proposal "Report on Revamping of Manipur Police Wireless Organisation" and when the said report/proposal was placed before the Cabinet which its meeting held on 03-11-2010 approved the revamping of Manipur Police Wireless Organisation as per the said proposal and pursuant thereto, the Home Department issued notifications dated 21-11-2011 and 05-03-2012, because of which the Manipur Police Wireless came to be known as the Manipur Police Telecommunication Organisation with the result that the posts of the erstwhile Director and Joint Director were re-designated as the Deputy Inspector General (Telecom) and Superintendent of...

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