Citation : 2022 Latest Caselaw 542 Mani
Judgement Date : 1 December, 2022
JOHN Digitally signed
by JOHN TELEN
TELEN KOM
Date: 2022.12.02
KOM 13:52:08 +05'30'
Item No.25
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C)No.418 of 2018
Shri Salam Tikendra Singh
...Petitioner/s
- Versus -
State of Manipur.
...Respondent/s
BEFORE
HON'BLE MR. JUSTICE MV MURALIDARAN
ORDER
01.12.2022
[1] Heard Mr.Kh. Suraj, learned counsel and Mrs. Ch. Sundari,
learned GA for the State respondents.
[2] When the matter came on 23.11.2022, this Court by an order
dated 23.11.2022 passed the following orders:
"Heard Mr. Kh. Suraj, learned counsel appearing for the petitioner and Mr. A. Vashum, learned GA appearing for the respondents.
The case of the petitioner is that by Judgment and Order dated 11-05-2011 passed by the Hon'ble Gauhati High Court in WP(C) No. 402 of 2010, the respondents were directed to consider the case of the petitioner for appointment to any suitable post of Grade-lV in terms of the Office Memorandum dated 29- 06-1983 within a period of four months from the date of receipt of a certified copy of the Judgment and Order. Despite the clear cut direction given by the Hon'ble High Court, the respondents have not implemented the said order even after 11 (eleven) years from the date of passing the order.
It has been submitted by the learned counsel for the petitioner that the Deputy Secretary (Health & Family Welfare), Government of Manipur issued an order dated 02-09- 2022 thereby constituting a Special Selection Committee consisting of three members for verification of the eligibility criteria and recommendation of the petitioner for appointment to a Grade-IV post in the Family Welfare Department, Manipur in compliance with the aforesaid Judgment and Order passed by the Hon'ble High Court, however, the said verification process has not been completed till date.
In view of the submission made above, learned GA is directed to get instructions from the authorities as to whether the case of the petitioner has been considered or not and to submit a report before this Court without fail.
As prayed for by the learned GA, list this case again on 1 st December, 2022".
[3] As per the above order dated 23.11.2022, this Court directed
the learned GA to get instruction from the authorities as to whether the case
of the petitioner has been considered or not and to submit a report before
this Court without fail and the matter was directed to be posted today(i.e.
01.12.2022).
[4] When the matter is taken up today, Mrs. CH. Sundari, learned
GA for the State respondents represented that on 02.09.2022 the
Committee was constituted by the Deputy Secretary(Health & FW), Government of Manipur for verification of the eligibility criteria and
recommendation of the petitioner for appointment to the post of Grade-IV
Post in the Family Welfare Services, Manipur.
[5] Though the order has been passed by the Gauhati High Court
on 11.05.2011 in WP(C)No.402 of 2010 by directing the respondents to
consider the petitioner's appointment within period of 4(four) months but
even after a lapse of More 12(twelve) years, the authority has not passed
any order in respect of appointing the petitioner. Anyhow, the Committe was
constituted only on 02.09.2022 and therefore, Mrs. Ch. Sundari, learned
GA for the State respondents seeks time to get instruction in respect of the
order dated 02.09.2022 and report this Court.
[6] Therefore, post this matter on 19.12.2022 and if no positive
order is produced before this Court, the respondents are directed to appear
in person before this Court on 19.12.2022.
JUDGE [[
John kom
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