HC stays service extension of MSPDCL duo
Source: Chronicle News Service
Imphal, January 30 2023:
High Court of Manipur has stayed the state government order issued on January 5 based on state cabinet decision which re-engaged Manipur State Power Distribution Company Limited (MSPDCL) managing director (MD) Ng Subhaschandra and chief engineer (Power) and ED (Tech) H Shantikumar after their service period ended.
The HC bench of Justice MV Muralidaran issued the stay order on January 25 after admitting a writ petition hied by one N Jasobanta Singh and two other petitioners challenging the state cabinet decision.
The court in its order stayed the re-engagement of Ng Subhaschandra and H Shantikumar along with deciding that the merit of the writ petition will be further heard after a counter affidavit is filed on the case.
The HC has set February 9 as the next date of hearing of the case.
During the court proceeding, the petitioner's counsel A Golly argued that the government order dated January 5 was not in line with the law.
The respondents Ng Subhaschandra and H Shantikumar are not eligible for the post of MSPDCL and Manipur State Power Company Limited (MSPCL) MD as per the Power Department's Chief Engineer Recruitment Rule & Policy, while the petitioners who are eligible for the post have been overlooked by the government order of January 5, he added.
On the other hand, respondent counsel senior advocate N Kumarjit opposed the petition stating that if the petitioners are to be given the posts of chief engineer and MD, the petitioners should have the eligibility criteria of additional chief engineer.
However, the petitioners are working only as superintending engineer and they should wait for another four years for further promotion and thereafter to the chief engineer post.
When the petitioners themselves are not eligible for promotion to the post of chief engineer, they have no locus standi to file this writ petition and it is not maintainable in the eyes of law.
Therefore, the court must not admit the writ petition or grant any interim order to the petitioners, respondent counsel said, while praying for time for filing counter affidavit.