Manipur High Court
Shri N. Ranjit Singh vs The State Of Manipur Through The ... on 27 July, 2022
SHOUGRA Digitally signed [1]
by
KPAM SHOUGRAKPAM
DEVANANDA
DEVANAN SINGH
DA SINGH Date: 2022.07.27
10:07:07 +01'00' IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 634 of 2019
Shri N. Ranjit Singh, aged about 55 years, S/o Late N. Angojao
Singh, resident of Sapam Mamang Leikai, P.O & P.S. Wangjing
and District: Thoubal, Manipur
...Petitioner
-Versus -
1. The State of Manipur through the Principal Secretary/
Commissioner/ Secretary, Rural Development and Panchayati
Raj, Govt. of Manipur, Imphal West, Manipur, Pin - 795001.
2. The Director, Rural Development and Panchayati Raj, Govt. of
Manipur, Manipur.
.... Respondents
B E F O R E
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
For the Petitioner :: Mr. Sh. Athoi Singh, Advocate
For the respondents :: Mr. Shyam Sharma, Govt. Advocate
Date of Hearing :: 13-06-2022
Date of Judgment & Order :: 27-07-2022
JUDGMENT & ORDER
[1] Heard Mr. Sh. Athoi Singh, learned counsel appearing for the
petitioner and Mr. Shyam Sharma, learned Government Advocate
appearing for the respondents.
[2] The only issued raised in the present writ petition is whether the
petitioner is entitled to the regularization of his adhoc service w.e.f.
24-05-1986 as provided under the Office Memorandum dated 31-05-1986
WP(C) No. 634 of 2019 Contd.../-
[2]
issued by the Department of Personnel and Administrative Reforms (PD),
Government of Manipur.
[3] The petitioner was initially appointed as Village Level Worker
(VLW) in the Directorate of Rural Development and Panchayati Raj,
Manipur on adhoc basis for a period of six months by an order dated
30-10-1984 issued by the Secretary to the Government of Manipur. It is
the case of the petitioner that the period of his adhoc service were
extended from time to time by the Government. While the petitioner was
serving as a Village Level Worker on adhoc basis, the Department of
Personnel and Administrative Reforms (PD), Government of Manipur
issued an Office Memorandum dated 31-05-1986 laying down the policy
of the State Government for regularization on adhoc service. In the said
Office Memorandum, it is, inter alia, laid down that all persons appointed
on adhoc basis on or prior to 31-12-1984 to Class - III and IV posts against
the vacancies of the direct recruit quota and who continued to hold their
respective post on adhoc basis on 24-05-1986 and who fulfill all the
requirements excepting age limit laid down under the relevant recruitment
rules for appointment to such post may be regularized w.e.f. 24-05-1986
without a reference being made to the relevant Departmental Promotion
Committees.
[4] Even though the petitioner was eligible and qualified and entitled
to the regularization of his adhoc service as per the Government policy
provided under the aforesaid Office Memorandum dated 31-05-1986, the
WP(C) No. 634 of 2019 Contd.../-
[3]
respondents did not consider his case for such regularization, instead, the
adhoc service of the petitioner was terminated w.e.f. 13-06-1986 by an
order dated 13-06-1986 issued by the Directorate of Rural Development
and Panchayati Raj, Government of Manipur.
[5] On a representation being made by the petitioner for
regularization of his adhoc service as provided under the Office
Memorandum dated 31-05-1986, the concerned authorities of the State
Government initiated the process for consideration of the claim of the
petitioner for regularization of his adhoc service and ultimately, the State
Government conveyed its approval to the regularization of the adhoc
appointment of the petitioner as VLW as provided under the said Office
Memorandum dated 31-05-1986, vide letter dated 04-11-1997 of the
Under Secretary (RD & PR), Government of Manipur. In pursuance of the
said Government's approval, the Director, Rural Development and
Panchayati Raj, Manipur issued an order dated 09-03-1998 regularizing
the adhoc appointment of the petitioner as VLW only w.e.f. the date of
issue of the said letter, i.e., 09-03-1998.
[6] Having been not satisfied with the regularization of the
petitioner's adhoc service only w.e.f. 09-03-1998, representation was
submitted on behalf of the petitioner requesting the authorities for linking
up the period of adhoc service of the petitioner from 13-06-1984 to
09-03-1998. The Director of Rural Development and Panchayati Raj,
Manipur wrote two letters dated 24-07-2015 and 28-05-2018 to the
WP(C) No. 634 of 2019 Contd.../-
[4]
Joint Secretary (RD & PR), Government of Manipur submitting
recommendations for examining the claim of the petitioner for linking up
the period of his adhoc service till the date of his regularization and also
requesting to obtain a decision of the Government for further necessary
action. However, the State Government failed to consider the claim of the
petitioner despite the repeated recommendations made by the Director of
Rural Development of Panchayati Raj, Manipur. Having been aggrieved,
the petitioner approached this court for redressal of his grievance by filing
the present writ petition.
[7] Mr. Sh. Athoi Singh, learned counsel appearing for the petitioner
submitted that the petitioner is eligible and entitled to get the benefit of
regularization of his adhoc service as Village Level Worker w.e.f.
24-05-1986 as provided under the Office Memorandum dated 31-05-1986.
It has also been submitted by the learned counsel that in respect of three
Village Level Workers, viz. Shri M. Mangi Singh, Shri L. Gambhir Singh
and Md. Juma Kha, who are similarly situated with the present petitioner,
the State Government conveyed its approval to count the service of the
said three Village Level Workers w.e.f. 24-05-1986 as per the aforesaid
DPs Office Memorandum dated 31-05-1986, vide letters dated 03-07-2004
and 13-01-2005 of the Under Secretary (RD & PR), Government of
Manipur. However, in the case of the petitioner, the State Government
have refused to consider the claim of the petitioner and to regularize the
adhoc service of the petitioner w.e.f. 24-05-1986 as provided under the
WP(C) No. 634 of 2019 Contd.../-
[5]
aforesaid Office Memorandum dated 31-05-1986 despite the legitimate
claim made by the petitioner and repeated recommendations made by the
Director of Rural Development and Panchayati Raj, Government of
Manipur. It has been vehemently submitted by the learned counsel for the
petitioner that the petitioner has been treated by the Government in a most
arbitrary and discriminatory manner and that the refusal of the State
Government to regularize the adhoc service of the petitioner w.e.f. 24-05-
1986 have violated the Fundamental Rights of the petitioner guaranteed
under Article 14 and 16 of the Constitution of India.
[8] The present wit petition was filed on 08-08-2019 and despite
giving several opportunities to the respondents to file their counter affidavit
and to contest the claim of the petitioner in the present writ petition in the
last about three years, the respondents neither filed any counter affidavit
nor contest or deny the claim of the petitioner made in the present writ
petition. In such circumstances, this Court had to construe that the
statements and claims made by the petitioner in the present writ petition
are all true and correct. Moreover, on careful examination of the record of
the present case, this Court is of the considered view that the petitioner is
quite eligible and entitled to get the benefit of regularization of his adhoc
service w.e.f. 24-05-1986 as provided under the aforesaid Office
Memorandum dated 31-05-1986. The petitioner is also entitled to get the
same benefit as are given to the aforementioned three Village Level
Workers and denial of granting similar benefit to the petitioner will amount
WP(C) No. 634 of 2019 Contd.../-
[6]
to violation of the equality clause enshrined under Article 14 and 16 of the
Constitution.
[9] In view of the facts and circumstances of the present case and
for the reasons given hereinabove, the present writ petition is allowed by
directing the respondents to regularize the adhoc service of the petitioner
w.e.f. 24-05-1986 as provided under the Office Memorandum dated
31-05-1986 issued by the Department of Personnel and Administrative
Reforms (PD), Government of Manipur within a period of two months from
the date of receipt of a copy of this order.
With the aforesaid directions, the present writ petition is disposed
of. Parties are to bear their own costs.
JUDGE
FR/NFR
WP(C) No. 634 of 2019 Contd.../-
