It is told that there is a post of Deputy Labour Commissioner in the Department of Labour, Government of Manipur which is to be appointed by promotion failing which by direct recruitment according to the relevant provisions for the method of recruitment in its recruitment rules framed under Art 309 of the constitution of
India. The said post of Deputy Labour Commissioner is vacant since 31-10-2010, and the same is yet to be filled up by appointment under and in accordance with the provisions for method of recruitment in its recruitment rules. The method of recruitment to fill up the post is by promotion from the feeder post, namely Labour Officer in the scale of pay of Rs,500-1350/ under the government of Manipur with at least 7 years of regular service in the grade (class I Gazetted) failing which by direct recruitment from the eligible persons.
According to an office memorandum issued by the Department of Personnel and Administrative Reforms, Government of Manipur in this behalf the crucial date for eligibility for promotion to the said post was 31-10-2010 during the recruitment year 2010-2011. The vacant post was not filled either by promotion or appointment by direct recruitment during the recruitment year 2010-2011 nor the next recruitment years 2011-2012, 2012-2013 and
nobody claimed for consideration of his/ her case for appointment to the same by promotion till date. It reveals the facts that there was no eligible candidate for appointment to the said post by promotion during the recruitment year, 2010-2011 in which the vacancy in the said post occurs and that the said vacancy fell for direct recruitment
under the provisions for method of recruitment as soon as the method of recruitment by promotion was found inapplicable as on the said crucial date of eligibility during the recruitment year 2010-2011.
Many educated youths eligible for the appointment to the said post by direct recruitment have expectations to apply in the direct recruitment of the same. Reasonable sources said that the Department of Personnel and Administrative Reforms had sent to the Manipur Public Service Commission proposals for convening a DPC for appointment to the said vacant post by promotion in spite of the direct recruitment method applicable to the same. The person, whose case is to be considered by the DPC for appointment to the said vacant post by promotion during the recruitment year 2010-2011 since he/ she never held the said feeder post at least 7 years of regular service in the (Class I Gazetted) of the feeder post. By this time his/ her eligibility or otherwise for the appointment by promotion to the said
post was not properly examined and settled by under opportunity for appointment to the said post is being created and given to him/ her without giving the same opportunity to their similar situated employees. It is also seriously said that in view of the law well settled by the Honorable Supreme Court of India in the cases of Bhatnagar A.K-Vs Union of India (1991) 1 SCC 544( Para 13) and Secretary to the Government of Tamil Nadu Vs D. Subramayan Rajadevan (1996) 5SSC 334(Paras 4 and 5) that once rules framed by central/
State Government under Art.309 of constitution of India are solemn rules having binding effect. Government should refrain from their acting in a manner not contemplated by their own rules and once rules framed by the central and the State Government must be strictly
followed and their action in respect of the matters covered by the rules should be regulated by the rules. In case the matter of the recruitment to the said vacant post is regulated by the relevant provisions of the recruitment in its recruitment rules framed under
Art. 309 of Constitution of India, the said post shall have to be filled up by appointment by direct recruitment and opportunity of employment will be extended to the unemployed educated persons eligible for appointment to the said post.