Manipur Vs. Shri Nambam Dwijen Singh &
Ors  INSC 619 (2
K. Ramaswamy, K. Hansaria B.L. (J)
1996 SCC (7) 35 JT 1995 (8) 278 1995 SCALE (6)397
O R D
appeal by special leave arises from the judgment and order dated March 22, 1994 passed in W.A. No.27 of 1993 by the
Gauhati High Court at Imphal. The High Court directed the appellant in the
ultimate order thus :
after the judgment was passed in C.R. No.132 of 1993 the vacant posts of
Executive Engineer of the Civil Circle
of the Electricity Department are filled up by putting the respondents incharge.
It is not the case that the vacant posts are never filled up that being so the
submission of Mr. Nandkumar that the court cannot direct to fill up all vacant
posts by the Govt. Is without submitions. The subsequent policy decision if any
to reorganise the Electricity Department is irrelevant as far as the validity
of the judgment and order dated 11.10.1993 passed in Civil Rule No.933 of 1993
is concerned. In the appeal our scrutiny is confined to the statements made in
the C.R. No.933 of 1993 and counter if any and not extraneous subsequent facts.
We have perused the impugned judgment and order and we do not find any
infirmity and that being so the appeal is without merit and is dismissed."
When the matter came up before us, we directed on November 25, 1994 thus :
the facts and circumstances, before deciding the actual controversy, it is
necessary that the State Government should take a policy decision as to how
many of the posts in each of electrical and civil engineering are required to
be created and then the principles on the basis of which they are required to
fill the posts. Until that is done, it is difficult to give any direction to
consider the claims of the respective candidates in the respective branches.
State Government, therefore, is directed to consider and determine the
restructure of the electrical and civil engineering departments and the
required number of posts in each department and the qualifications prescribed
and principles for filling up all those poses. Two months time is sought for
and granted." Pursuant thereto, now, the Government has taken a policy
decision reorganising the Department into two branches, viz., Executive Branch
for Generation with 17 demarcated posts and Electrical Civil Division with four
demarcated posts. In view of this policy decision, since the respondents fall
in the category of Executive Civil Division, a D.P.C. would be constituted to
consider the relative merits of the candidates to be selected as Executive
Engineer and thereafter appointment would be made according to Rules.
appeal is disposed of accordingly. No costs.