MPSC defies Court order in conducting DPC?
Source: The Sangai Express
Imphal, February 04 2018:
Certain quarters have raised strong suspicion that Manipur Public Service Commission (MPSC) conducted a DPC for promotion of Assistant Engineers of Water Resources Department to Executive Engineers on February 3 by defying an interim order issued by the High Court of Manipur which categorically directed that no such DPC should be held till February 5.Some AEs of Water Resources Department filed a writ petition at the High Court of Manipur challenging the Manipur Civil Engineering Services (PWD) Rules 2016 on December 4 last year.
After hearing the petition, a division bench of Acting Chief Justice N Kotiswar and Justice Kh Nobin issued an interim order on January 19 which directed the MPSC not to hold any DPC for promotion of AEs to EEs till January 31.The petition was heard again on January 31 and the Court issued another interim order which categorically directed that no such DPC should be held till February 5.In connection with these interim orders, the High Court of Manipur served legal notices to Secretary and the Chief Engineers of Water Resources Department as well as MPSC.
However, notwithstanding the High Court's interim orders, MPSC conducted DPC for promotion of AEs to EEs yesterday, informed a source.
The DPC for filling up vacant posts of EEs at Water Resources Department through promotion is headed by an MPSC Member as chairman and its members are the Chief Secretary who is also in charge of DP, Administrative Secretary (Water Resources) and Chief Engineer of Water Resources Department.
Rules and regulations pertaining to promotion of AEs to EEs have been amended twice.
In connection with the first amendment, a gazette notification was issued on December 14, 2016.The second amendment was published in a gazette notification issued on January 4 this year.
According to the first amendment, Assistant Engineers should have served in the same grade for six years in case of Degree holders and nine in case of Diploma holders.
In the case of Diploma holders who have passed both Sections A and B of the AMIE Examination of Institution of Engineers (India), they should have completed six years from the date of passing the examination or seven years in the grade whichever is shorter.
For Assistant Engineers/Assistant Surveyor of Works/Engineer Assistants who do not fulfil the above criteria, they should possess at least a Diploma in Civil Engineering with 17 years of regular service in the grades of Assistant Engineer and Section Officer Grade I or equivalent out of which at least three years of regular service in the grade of Assistant Engineer.
The second amendment added a one time relaxation which says that out of the 17 years of regular service, at least two years regular service should be in the grade of Assistant Engineer.
The gazette notification issued by the Joint Secretary (DP) on January 4 mentioned that the one time relaxation would be applicable till March 31 this year.
Many quarters have also raised a number of questions on denying any opportunity of promotion to direct recruits while promotees have been given repeated opportunities by amending the rules and regulations twice.