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Moirangthem Biren   28 July 2020

Challenging amended recruitment rules

Three senior Assistant Engineers are challenging amended recruitment rules which ignore seniority and violated office memorandum of the DP itself by amending the former RR before completion of 3 years.

The stakeholders were also not informed before the submission of proposal.

Besides their counsel, can the petitioners seek permission to appear in person in next hearing so that they can argue on merits ?


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 5 Replies

Dr J C Vashista (Advocate)     29 July 2020

Originally posted by : Moirangthem Biren
Three senior Assistant Engineers are challenging amended recruitment rules which ignore seniority and violated office memorandum of the DP itself by amending the former RR before completion of 3 years.The stakeholders were also not informed before the submission of proposal.Besides their counsel, can the petitioners seek permission to appear in person in next hearing so that they can argue on merits ?

What are the specific (amended) RR which have affected career / prospect of petitioner(s) ?

Which Court / Tribunal the petition is filed/ pending ?

Yes, the petitioners may seek permission to appear in person in next hearing so that they can argue on merits, which is generally allowed.

Moirangthem Biren   29 July 2020

Clause of previous RRs : For promotion to executive Engineers (a) In case of direct recruited graduate Assistant Engineers, completion of 6 years of continuous service (b) In case of promote diploma holder Assistant Enginners, 9 years of completion of continuous service.

Amended Recruitment RRs clause :
completion of 6 years for degree holders and completion of 9 years for diploma holders

Failing which completion of 3 years for diploma holders provided they had served 12 years as section officers.

The senior Assistant Engineers are completing 6 years on 9th September.

Clause of existing Office Memorandum of DP publishing RRs in Manipur Gazette: No proposal of RR amendment will be entertained befre completion of 3 years. RRs was amended violating the clause by the DP itself.

It is heard that, relief to stay RRs is very rare as it is lost of prestige to state Govt. But under the aforesaid merits, why it should not be stayed ?

P. Venu (Advocate)     29 July 2020

Yes, any party can appear in person and argue. However, the service of the counsel needs to be dispensed with.

Moirangthem Biren   29 July 2020

The petition is pending in Manipur High Court.

Sudhir Kumar, Advocate (Advocate)     06 August 2020

repeated

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=211247&offset=1


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