STATE OF MANIPURversusSHRI NAMBAM DWIJEN SINGH AND ORS.

                            STATE OF MANIPUR                                         A
                                    v.
                    SHRI NAMBAM DWI.JEN SINGH AND ORS.

                               NOVEMBER 2, 1995
                                                                                     B
                   [K. RAMASWAMY AND B.L. HANSARIA, J.J.]

            .Se1vice laiv :

          Manipur State Engi.neeiing Seivice--Policy decision to constitute two
    branches viz., Executive Branch for Generation and Executive Civil               C
    Division-Demarcation of posts and appointment thereto-Constituting
    D.P.C. and ntaking appointnzent according to 1ules--Directions issued.

          In this appeal againsi the High Court's Judgment, this Court
    directed the State Government to consider and determine the restructure
    of the electrical and civil engineering departments and the required num-
                                                                                     D
    ber of posts in each department and. the qualifications prescribed and
    principles for filling up those posts, and granted two months time as
    sought for.

            Disposing of the appeal, this Court                                      E
            HELD : Pursuant to this Court's directions given on November 25,
    1994, the Government has taken a policy decision reorganising the Depart-
    ment 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   F
    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. (733-BJ

            CIVIL APPELLATE JURISDICTION: Civil Appeal No. 10245 of                  G
    1995.

         From the Judgment and Order dated 22.3.94 of the Gauhati High
    Court in W.P. No. 27/93.

            S. Janani, Advocate for the Appellant.                                   H


-                                        731
    732                    SUPREME COURT REPORTS [1995] SUPP. 4S.C.R.

A         S.K. Bhattacharya and L.K. Paonam for the Respondents.

          The following Order of the Court was delivered :

          Leave granted.

B         This 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 :

            "Undisputedly after the judgment was passed in C.R. No. 132 of
c           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
D           submissions. The subsequent policy decision if any to reorganise
            the Electricity Department is irrelevant as far as the valid;ty of the
            judgment and order dated 11.10.1993 passed iu Civil Rules 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 persued the
E
            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:
F
            ''ln the facts and circumstances, before deciding the actual con-
            troversy, 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.
G           Until that is done, it is difficult to give any direction to consider
            'the claims of the respective candidates in the respective branches.
            The 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
H            and the qualifications prescribed and principles for filling up all


                                                                                     ·-
                          STATE v. N.D. SINGH                           733

         those posts. Two months time is sought for and granted."              A
       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 the policy decision, since the respondents
fall in the category of Executive Civil Division, a D.P.C. would be con-       B
stituted to consider the relative merits of the candidates to be selected as
Executive Engineer and thereafter appointment would be made according
to rules.

       The appeal is disposed of acconlingly. No costs.
                                                                               c
G.N.                                                      Appeal disposed.