Manipur High Court
The Shirui Village vs The State Of Manipur on 17 August, 2022
[1]
SHOUGRA Digitally
by
signed
KPAM SHOUGRAKPAM
DEVANANDA
IN THE HIGH COURT OF MANIPUR
DEVANAN SINGH
Date: 2022.08.17
DA SINGH 16:03:01 +05'30' AT IMPHAL
WP(C) No. 895 of 2019
The Shirui Village, represented by its Headman, Mr. Wungchangam
Shangh, aged about 40 years, P.O. & P.S. Ukhrul, Ukhrul District,
Manipur - 795142.
...Petitioner
-Versus -
1. The State of Manipur, represented by Chief Secretary, Secretariat
Old Block, P.O. & P.S. Imphal, Imphal West - 795001.
2. The Principal Secretary (PHED), Secretariat, P.O. & P.S. Imphal,
Imphal West - 795001.
3. The Chief Engineer (PHED), PWD Building, Khoyathong, P.O. &
P.S. Imphal, Imphal West - 795001.
4. The Deputy Commissioner, Ukhrul District, P.O. & P.S. Ukhrul,
Manipur - 795142.
.... Respondents
B E F O R E
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
For the Petitioner :: Mr. Tungrei Ngakang, Advocate
For the respondents :: Mr. A. Vashum, Govt. Advocate
Date of Hearing :: 07-07-2022
Date of Judgment :: 17-08-2022
J U D G M E N T
[1] Heard Mr. Tungrei Ngakang, learned counsel appearing for the
petitioner and Mr. A. Vashum, learned Government Advocate appearing for
the respondents.
[2] The present wit petition had been filed with a prayer for directing
the respondents to fulfill the agreement dated 15-06-1995 entered into
WP(C) No. 895 of 2019 Contd.../-
[2]
between the Shirui Village and Government of Manipur by appointing
unskilled staff required for attending and maintaining new water supply
scheme from the local candidates.
[3] The case of the petitioner is that during the 1980s, the
Government of Manipur approached the petitioner for supply of water to
inhabitants of Ukhrul town from Shirui Village with a promise that unskilled
staff would be appointed from the local populace of Shirui Village. On
arriving at an agreement, the water supply scheme for Ukhrul town was
commissioned in the early 1980s from Shirui Village and in return, the
Government of Manipur appointed thirteen candidates from the Shirui
Village as pipes linemen, Chowkidar, etc. It is the case of the petitioner that
out of the said thirteen employees, five have expired and three have retired
from services and accordingly, only five staff remained, which according to
the petitioner is a clear shortage of staff and it hampered implementation of
the water supply scheme in the proper manner.
[4] As the water supply scheme for the entire town of Ukhrul District
Headquarter from a single water source was not sufficient, the Government
of Manipur represented by the Minister of PHED and the Chief Engineer
(PHED) entered into a fresh agreement with the petitioner village on
15-06-1995 to explore other sources of water supply for supplying water to
Ukhrul town and that for providing a new water supply source by Shirui
Village, unskilled staff required for attending and maintaining the new water
supply scheme will be made from the local candidates of the Shirui Village.
WP(C) No. 895 of 2019 Contd.../-
[3]
According to the petitioner, the petitioner's village offered two other sources
of water, namely, Khohthi Kongrei and Namra Kong in addition to the earlier
water source.
[5] In terms of the aforesaid agreement and as two more water
sources had been provided by the villagers of Shirui, several representations
and memorandum were submitted to the concerned authorities of the
Government of Manipur requesting for fulfilling the agreement entered into
between the representatives of the State Government and Shirui Villagers
by appointing unskilled staff from amongst the villagers of Shirui Village,
however, even after a lapse of more than 18 years from the date of execution
of the said agreement, the Government of Manipur did not appoint any
unskilled staff as per the aforesaid agreement. Having been aggrieved, the
petitioner approached this court by filing the present writ petition for
redressing its grievances.
[6] The learned counsel for the petitioner submitted that the whole
water sources of the petitioner's village have been given for the inhabitants
of Ukhrul town at the request of the Government of Manipur believing that
the State Government will give appointment to the residents of Shirui Village,
however, the Government have deliberately breach the agreement that had
been executed on 15-06-1995 which amounts to cheating and also violative
of Article 21 and 14 read with Article 15, 16, 46 and 335 of the Constitution.
[7] It has also been submitted that there is inadequacy of staff for
proper maintenance of water streams and pipelines for implementation of
WP(C) No. 895 of 2019 Contd.../-
[4]
water supply schemes in respect of Ukhrul town from Shirui Village and
there are sufficient manpower at the petitioner's village and also good
water sources and accordingly, the Government should gave appointment
to the villagers of Shirui Village in terms of the aforesaid agreement dated
15-06-1995 for providing water sources from Shirui Village and for proper
maintenance and implementation of the water supply scheme in respect of
Ukhrul town from Shirui Village.
[8] In the affidavit-in-opposition filed on behalf of the respondent
No. 1, it has been stated that the PHED had been performing its daily routine
works inspite of many difficulties and rendering services for the welfare of
the people. The water supply sources to Ukhrul town from Shirui Village has
been decreasing day by day due to drastic depletion of sources mainly due
to rampant deforestation at the catchment areas and forest fire. It has also
been stated that the Ukhrul PHE Division has been managing the quantity
of water received from two sources so as to fulfill the needs of the populace
and that sometimes leakage from breakdown occurred along the pipelines
from Shirui Village via. Langdang leading to Ukhrul town due to the
contraction/ expansion of the pipes and also due to frequent landslide during
monsoon and that repairing of such work are immediately done by the
manpower available to the Ukhrul PHE Division and regular water supply
was always maintained.
[9] In the said affidavit-in-opposition, it has also been stated that as
per the guidelines of "National Rural Drinking Water Programme" (NRDWP)
WP(C) No. 895 of 2019 Contd.../-
[5]
now followed throughout the country and also followed in the State of
Manipur, it is provided that day to day operation and maintenance of water
supply schemes are to be done by forming "Village Water & Sanitation
Committee" (VWSC) by volunteering manpower and their nominal
honorarium to be made from the charges collected by VWSC from the users.
It has also been stated that for Shirui Village, the VWSC has already been
formed and the matter relating to manpower is upto the VWSC and as such,
the Department does not require any unskilled manpower.
[10] It has also been clearly stated that the agreement dated
15-06-1995 between the then Minister of PHED, the Chief Engineer (PHED)
and the Headman of Shirui Village was that appointment for unskilled staff
required for the implementation of the new scheme will be made from the
local candidates and as the Department does not require any unskilled
manpower for implementation of the new water supply scheme, no
appointment has been given in terms of the said agreement.
[11] This court have considered the submissions made by the counsel
appearing for the parties and also considered the materials available on
record. The condition in the agreement is that the required unskilled staff for
maintaining/ implementing the new water supply scheme to the Ukhrul town
from Shirui Village will be appointed from the local candidates of Shirui
Village and the stand of the State Government is that there is no requirement
of any unskilled manpower for implementation/ maintenance of the said new
water supply scheme especially in view of the formation of Village Water and
WP(C) No. 895 of 2019 Contd.../-
[6]
Sanitation Committee in Shirui Village in terms of the guidelines of National
Rural Drinking Water Programme and accordingly, no appointment has
been made in terms of the aforesaid agreement. As the State Government
has not made any appointment of unskilled staff in the Ukhrul PHE Division
in violation of the terms and conditions of the agreement, this court did not
find any ground or reason for holding that the State Government had violated
the terms and conditions incorporated in the said agreement and
accordingly, this court is of the considered view that there is no ground for
directing the State Government to appoint unskilled staff from amongst the
villagers of Shirui Village in terms of the said agreement.
In view of the above, this court is not inclined to grant the relief
sought for by the petitioner in the present writ petition and accordingly, the
present writ petition is hereby dismissed as being devoid of merit. Keeping
in view the facts and circumstances of the present case, there will be no
order as to costs.
JUDGE
FR/NFR
Devananda
WP(C) No. 895 of 2019 Contd.../-
