HC suspends order conferring Jt Director in-charge
Source: Chronicle News Service
Imphal, March 16 2024:
The High Court of Manipur has suspended an order dated February 25 conferring in-charge Joint Director of Craftsmen Training of Directorate of Craftsmen Training to an MCS officer in response to a petition filed by a Principal of Government Industrial Training Institute (ITI).
In the petition, senior counsel of the petitioner prayed that the order dated February 25 issued by Joint Secretary (DP) conferring In-charge Joint Director of Craftsmen Training of Directorate of Craftsmen Training to the MCS officer be stayed during the pendency of the present petition as the same is in violation of the Office Memorandum dated October 3, 2020 .
The Office Memorandum stated that in case of non-availability of eligible persons from among the cadre, the senior most from the feeder be given in-charge of the higher post in the department.
It also stated that post of Joint Director is not cadre post of MCS but is a promotional post from the cadre of deputy director and Principal, ITI having three years regular service in the case of degree holders in Engineering, Electronics, Computer Engineering and eight years in case of diploma holders in Engineering, Electronics, Computer Engineering failing which by deputation and direct recruitment.
The petitioner is serving as Principal at ITI, Imphal, and is the senior most amongst the feeder cadre.
After the retirement of the incumbent joint director, he would take the in-charge of Joint Director through an order dated December 29, issued by the out-going joint director.
The counsel of the respondent sought some time for taking instruction and also stated that no document has been filed by the petitioner to show that he is the senior most in the feeder post of Principal, ITI.
Hence, he cannot claim the benefit of the office memorandum.
The senior counsel for the petitioner submitted that after the retirement of the senior most Principal, the petitioner is now the most senior in the cadre of Principal, ITI.
The Court, after considering the materials available on record and submission made by the parties in dispute, suspended the impugned order dated February 25, 2024 with respect to the conferring of in-charge Joint Director of Craftsmen Training of Directorate of Craftsmen Training to private respondent, until the next hearing, which has been fixed on April 12.Interestingly, after the court suspended the February 25 order, the said person issued two orders on the strength of joint director on March 14 and 15 respectively notifying - posting of 29 newly appointed contractual staff on March 14, and attachment of different valley resident staff posted in hill districts into different ITIs located in
valley districts.