Manipur High Court

Smt. Thingujam Radhamani Chanu vs H. Gyan Prakash & 2 Ors on 15 November, 2022

JOHN     Digitally signed
         by JOHN TELEN
TELEN    KOM
         Date: 2022.11.17
                                                                          Item No.24-27
KOM      16:17:14 +05'30'


                                  IN THE HIGH COURT OF MANIPUR
                                            AT IMPHAL

                                     Cont.Cas(C)No.137 of 2022
                                       Ref: WP(C)No.639 of 2021
                                               With
                                     Cont.Cas(C)No.131 of 2022
                                       Ref: WP(C)No.639 of 2021
                                             With
                                  MC(Cont.Cas(C))No.170 of 2022
                                             With
                                  MC(Cont.Cas(C))No.171 of 2022

   Smt. Thingujam Radhamani Chanu
                                                                           ...Petitioner/s
             - Versus -

   H. Gyan Prakash & 2 ors.
                                                                        ...Respondent/s
                                           BEFORE
                             HON'BLE MR. JUSTICE MV MURALIDARAN

                                              ORDER

15.11.2022

[1] Heard Mrs. H. Bisheshwari, learned counsel for the petitioner

in Cont.Cas(C)No.137 of 2022, Mr. M. Hemchandra, learned senior

counsel for the petitioners in Cont.Cas(C)No.131 of 2022, Mr. L.

Shashibhushan, learned counsel appearing for the Director of

Education(S), Manipur.

[2] This Court by an order dated in WP(C)No.639 of 2021 dated

28.10.2021 has passed an order as follows:

"15. Considering the facts and circumstances of the case, particularly taking note of the fact that the petitioners are serving in the department for more than 20 years, without going into the merits and demerits of the case put forth by the parties, this Court is inclined to pass the following orders:

(a) The writ petition is disposed of.

(b) the petitioners are directed to submit a detailed representation to the respondent authorities within a period of two weeks from the date of receipt of a copy of this order.

(c) Upon receipt of the representation, the respondent authorities are directed to consider the same and pass a speaking order within a period of 8(eight) weeks from the date of receipt of the representation within the time stipulated by this Court in accordance with law, after hearing all concerned.

[3] As per the direction of this Court, the respondents are

directed to pass appropriate speaking orders on the petitioner

representation within 8(eight) weeks from the date of receipt of copy of the

order. On receipt of the said order, the respondents have not passed any

order. Therefore, for violation of the order passed by this Court, the

petitioners have filed these contempt application in Cont.Cas(C)No.131 of

2022 and Cont.Cas(C)No. 137 of 2022.

[4] After receipt of the notice and pursuant to the order passed

by this Court on 04.11.2022, Mr. L. Shashibhushan, learned counsel

appearing for the Director of Education(S), Manipur has produced an

order dated 14.11.2022 which read as follows:

"4. Now, therefore, in compliance of the Hon'ble High Court order dated 28.10.2021 and Government conveyed letter No.12(HC)/87/2022-SE(S) dated 03.11.2022, 200(two hundred) petitioners are hereby regularized with immediate effect in the existing Scale of Pay of their regularization plus other allowances as admissible under the rules in their respective posts against their name in Annexure (not in order of merit) enclosed to this Orders, subject to the verification of their character, antecedents, medical fitness and authenticity of their certificates.

[5] Therefore, on 04.11.2022, this Court after recording the

submission made by Mr. L. Shashibhushan, learned counsel appearing

for the Director of Education(S), Manipur and the order dated 03.11.2022

passed by the Director of Education(S), Manipur, this Court directed the

respondents to comply with the order passed in WP(C)No.639 of 2021

and report full compliance today i.e. 15.11.2022. Accordingly, the matters

are listed today.

[6] When the matters are taken up today, Mr. L.Shashibhushan,

learned counsel for the Director of Education(S), Manipur has produced

an order dated 14.11.2022 which read as follows:

Government of Manipur Director of Education(S) (Administrative Section)

ORDER Imphal, the 14th November, 2022

No. AO/25/AA/2009(10)-DE(S) IV: Whereas, 203 (two hundred and three) Adhoc employees filed writ petition being W.P(C) No.639 of 2021. And, the Hon'ble High Court passed its Common Judgment/Order dated 28-10-2021, the operative portion are reproduce herein for ready reference:

"....(b) the petitioner are directed to submit a detailed representation to the respondent authorities within a period of two weeks from the date of receipt of a copy of this order.

(c) upon receipt of the representation, the respondent authorities are directed to consider the same and pass a speaking order within a period of 8 (eight) weeks from the date of receipt of the representation within the time stipulated by this court in accordance with law, after hearing all concerned.

2. Whereas, 203 (two hundred and three) Adhoc employees filed 2 (two) Contempt Petitions Le Cont. Case (C) No.131 of 2022 & Cont. Case (C) No.137 of 2022 arising out of the common judgment and order dated 28- 10-2021 passed in W.P(C) No.639 of 2021. Accordingly, Government vide its letter No. 12(HC)/87/2022-SE(S) dated 03-11-2022 conveyed its approval to the regularization in respect of those eligible 203 (two hundred and ihree) petitioners of W.P(C) No.639 of 2021.

3. Whereas. on the recommendation/finding of the Screening Committee held from 15" to 18" July. 2022, amongst the 203 (two hundred and three) petitioners , the petitioner No.21 & 24 did not appear before the Screening Committee, as such they are not considered and the petitioner No.190 was not recommended by the aforesaid Screening Committee as the said petitioner was found ineligible.

4. Now, therefore in compliance of the Hlon*ble High Court Order dated 28-10-2021 and Government conveyed letter No. 12(11C)/87/2022-SE(S) dated 03-11-2022, 200 (two hundred) petitioners are hereby regularized with immediate effect in the existing Scale of Pay of their regularization plus other allowances as admissible under the rules in their respective posts against their name in Annexures (not in order of merit) enclosed to this Orders, subject to the verification of their character, antecedents ,medical fitness and authenticity of their certificates etc,

1, Further, their place of posting will be issued later on,

2. On being appointed they shall report to the Office of the Directorate of Education(S), Lamphelpat.

3. They shall be on probation for a period of 2 (two) years.

4. Their Pay and allowances shall be debitable under their appropriate Head of Accounts.

5. The inter-se seniority of the regularized teachers shall be issued separately.

6. No entitlement for back wages and appointment/absorption if any. Accordingly, the representations dated 15-11-2021 is hereby disposed off.

This issues in compliance of Cont. Case (C) No.131 of 2022 & Cont. Case (C) No.137 of 2022 arising out of the common judgment and order dated 28-10-2021 passed in W.P(C) No.639 of 2022, and Hon'ble court direction passed on 04-11- 2022 in the above contempt cases read with Government conveyed letter No.12(HC)/87/2022-SE(S) dated 03-11-2022 and also concurrence of the Finance Department vide U.O. No. 377/2021-2022/FD (PIC), dated 28/03/2022 and DP's U.O. No. 131/2021-2022/DP dated 29/03/2022.

(L. Nandakumar Singh) Director of Education(S).

[7] On receipt of the said order, both the counsels, Mr. M.

Hemchandra, learned senior counsel for the petitioners in

Cont.Cas(C)No.131 of 2022 and Mrs. H. Bisheshwari, learned counsel for

the petitioner in Cont.Cas(C)no.137 of 2022 represented that as per the

order dated 14.11.2022 produced by Mr. L. Shashibhushan, learned

counsel appearing for the Director of Education(S), Manipur regularizing

the service of the petitioners but there is no retrospective regularization.

[8] Mr. M. Hemchandra, learned senior counsel for the

petitioners in Cont.Cas(C)No.31 of 2022 further state that similarly

situated persons have filed writ petitions in WP(C)No.73 of 2019 &

WP(C)No.26 of 2018 and for violation of said order, two contempt

applications in Cont. Cas(C)No.41 of 2022 and Cont. Cas(C) No.45 of

2022 were filed before this Court.

[9] The said two contempt applications were taken up by the

Hon'ble Chief Justice on 16.08.2022, the respondents have produced

similar order by regularizing the service of the petitioner in that two writ

petitions. Based on the order passed by the authority concerned on 16.08.2022 and on 18.08.2022, the Hon'ble Chief Justice has directed the

respondents to pass appropriate order by giving regularization

retrospectively to the said petitioners in the above two writ petitions.

Accordingly, the respondents have passed an order on 29.08.2022 which

read as follow:

"Now, therefore, in supersession of this directorate earlier order of even number dated 16/08/2022, 10(ten) Adhoc Teachers are hereby regularized retrospectively with effect from 23/12.2021 in the existing Scale of Pay of their regularization plus other allowances as admissible under the rules in their respective posts against their name in Annexure(Not in order of merit) enclosed to this order, subject to the verification of their character, antecedents and medical fitness, etc. And one of the petitioners i.e. petitioner No.7 in WP(C)No.73 of 2019 namely Kh. Memita is cancelled as her initial appointment order was found manipulated.

[10] As per the order dated 29.08.2022, the petitioners in the

have been regularized their services retrospectively but in the present

the petitioners. Therefore, both the counsels appearing for the petitioners

this Court that suitable direction may be issued to the respondents to pass

further order by regularization the service of the present petitioners

retrospectively. To that effect, Mr. L. Shashibhushan, learned counsel for

the Director of Education(S), Manipur and Mr. RK Deepak, learned counsel for the second respondent seeks permission of this Court to get

proper instruction and report this Court.

[11] Considering the arguments advanced by both the parties, it

is admitted that the respondent authority passed orders in similarly

situated persons in the said contempt applications in Cont. Cas(C)No.41

of 2022 and Cont. Cas(C) No.45 of 2022 by regularizing their services