W.P.(C) Nos. 530, 523 and 598 of 2016. Case: Potsangbam Tarunkumar Singh and Ors. Vs The State of Manipur and Ors.. Manipur High Court

Case Number:W.P.(C) Nos. 530, 523 and 598 of 2016
Party Name:Potsangbam Tarunkumar Singh and Ors. Vs The State of Manipur and Ors.
Counsel:For Appellant: H.S. Paonam, Sr. Advocate, N. Bipin and Juno Rahman, Advocates and For Respondents: I. Lalitkumar Singh, Sr. Advocate, R.S. Reisang, Sr. G.A. and M. Devananda, Advocate
Judges:Rakesh Ranjan Prasad, C.J.
Issue:Service Law
Judgement Date:January 24, 2017
Court:Manipur High Court
 
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Judgment:

Rakesh Ranjan Prasad, C.J.

  1. Heard Mr. H.S. Paonam, learned Sr. counsel assisted by Mr. N. Bipin, Mr. Juno Rahman, learned counsel appearing on behalf of the petitioners as well as Mr. I. Lalitkumar Singh, learned Sr. counsel appearing for respondent-Manipur Public Service Commission, Mr. R.S. Reisang, learned Sr. GA for State respondents and Mr. M. Devananda, learned counsel appearing on behalf of the private respondents.

  2. All these three writ applications were heard together and are being disposed of by this common judgment and order as the issue involving in all the cases is the same and similar.

  3. Before proceeding further in the matter, the order which was recorded on 21.11.2016 needs to be reproduced which is here-under:

    "2 (two) petitioners, namely Md. Rajib Khan and P. Tarunkumar Singh were appointed as S.I. of Police in the year 2009, whereas, the petitioner namely Th. Phulchandra Singh was initially appointed on the post of A.S.I., but subsequently, was promoted to the post of S.I. in the year 2008. On being appointed, all the 3 (three) petitioners discharged their duties to the full satisfaction of the authorities. During that course, Md. Rajib Khan received 1 (one) Police Medal for Gallantry (PMG); as well as 1 (one) Chief Minister Police Medal for Gallantry (CMPMG) and that apart, he also received 26 (twenty six) Good Service mark. In the same manner, Mr. P. Tarunkumar Singh received 2 (two) Police Medal for Gallantry (PMG); 1 (one) Chief Minister Police Medal for Gallantry (CMPMG) and 31 (thirty one) Good Service mark; and the third one, Th. Phulchandra Singh received 2 (two) Police Medal for Gallantry (PMG) as well as 10 (ten) Good Service mark, which entitled all the 3 (three) petitioners to be considered out-of-turn promotion to the post of Inspector of Police in terms of the relevant Recruitment Rules. The said Rule of Promotion reads as follows:

    "Matriculation/H.S.L.C. or its equivalent Sub-Inspectors of Police who have passed the Departmental Examination conducted by M.P.S.C. and completed 5 (five) years' regular service in the grade.

    Provided that not more than 10% of the vacancies arising in a recruitment year may be filled from Matriculate H.S.L.C. or its equivalent Sub-Inspector of Police who have passed the Departmental Examination conducted by M.P.S.C. and completed 3 (three) years' regular service in the grade and who have been recommended by the Director General of Police for promotion by reason of their conspicuous acts of gallantry in discharge of official duties OR 5 (five) good service marks awarded by Director General of Police as provided under Rule 44 of Part III of Assam Police Manual irrespective of their rank/position in seniority list.

    Provided that officers recommended beyond the normal zone of consideration under such category shall be placed below the officers recommended under normal zone of consideration in the merit list."

    Further case seems to be that the Director General of Police having considered these petitioners and others fit for consideration of promotion out-of-turn, made recommendation to Manipur Public Service Commission for promotion to the post of Inspector. A.D.P.C. was constituted who was supposed to take decision in the matter of Promotion of 76 posts regular as well as out-of-turn in association with the Manipur Public Commission. According to the case of the...

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