State Of Manipur; & Anr vs Kh. Kesho Singh
2021 Latest Caselaw 310 Mani

KABORA    Digitally signed                                                             Item No.2 & 1
          by
MBAM      KABORAMBAM
                                                                           (Through Video Conferencing)


SANDEE    SANDEEP SINGH
          Date: 2021.11.29         IN THE HIGH COURT OF MANIPUR
P SINGH   16:03:23 +05'30'
                                             AT IMPHAL

                                           W.A. No. 33 of 2021
                                                   with
                                         MC (W.A.) No. 73 of 2021

                        State of Manipur; & Anr.
                                                                                    Appellants
                                               Vs.
                       Kh. Kesho Singh
                                                                                  Respondent

BEFORE HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR HON'BLE MR. JUSTICE KH. NOBIN SINGH 29.11.2021 Sanjay Kumar (C.J.):

Heard Mr. S. Rupachandra, learned Additional Advocate General,

Manipur; appearing for the appellants; and Mr. Kh. Tarunkumar, learned counsel,

appearing for the respondent/writ petitioner.

The State of Manipur and the Director, (Rural Development &

Panchayati Raj), Government of Manipur, seek to maintain this appeal against the

judgment and order dated 25.02.2020 passed in W.P. (C) No. 299 of 2017 by a

learned Judge of this Court. MC (W.A) No. 73 of 2021 was filed by them

thereafter seeking stay of the operation of the said order.

Having heard Mr. S. Rupachandra, learned Additional Advocate

General, Manipur, appearing for the appellants, and Mr. Kh. Tarunkumar, learned

counsel for the respondent/writ petitioner, on 27.08.2021, this Court admitted the

appeal, being of the opinion that it was appropriate to look into it on merits as

related to fixation of pay.

However, when the matter was taken up for hearing again on

28.10.2201, this Court found that the order under appeal was in the nature of a

W.A. No. 33 of 2021 With MC (W.A) No. 73 of 2021 Page 1 simple direction to the authorities to consider the matter afresh after hearing the

respondent/writ petitioner and upon taking note of all the relevant particulars,

including the order dated 23.01.2018 of the Department of Personnel and

Administrative Reforms, Government of Manipur, and to extend benefit to the

respondent/writ petitioner in accordance with law within a time frame.

Mr. S. Rupachandra, learned Additional Advocate General, Manipur,

was accordingly asked to get instructions as to whether the appellants were really

keen on pursuing the appeal as the innocuous order of the learned Judge was

only to the effect that the matter should be reconsidered after giving an

opportunity of hearing to him.

Today, Mr. S. Rupachandra, learned Additional Advocate General,

Manipur, produced before us a copy of the letter dated 25.11.2021 addressed to

him by the Joint Secretary (RD & PR), Government of Manipur, stating that the

Director, (RD & PR), Government of Manipur, would consider the case of the

respondent/writ petitioner, as directed by the learned Judge in the order dated

25.02.2021 passed in W.P. (C) No. 299 of 2017. The learned Additional Advocate

General, Manipur, stated that the appellants will abide by the said order and are

not interested in pursuing this appeal further.

Recording the said statement, the writ appeal is dismissed as not

pressed. In turn, MC (W.A) No. 73 of 2021 shall also stand dismissed.

In the circumstances, we make no order as to costs.

A copy of this order shall be supplied online or through whatsapp to

the learned counsel for the parties.

                     JUDGE                        CHIEF JUSTICE
Sandeep




W.A. No. 33 of 2021
With MC (W.A) No. 73 of 2021                                                Page 2