Manipur High Court
M/371 458 Wo/Pharmacist Ak ... vs Ajoy Kumar Bhalla And 2 Ors on 11 October, 2022
SHAMURAILATPAM Digitally signed by
SHAMURAILATPAM SUSHIL SHARMA
SUSHIL SHARMA Date: 2022.10.12 17:55:29 +05'30'
Item No. 121-125
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC(CONT.(C) No.141 of 2022
With
CONT.(C) No.108 of 2020
With
CONT.(C) No.45 of 2021
With
CONT.(C) No.108 of 2020
M/371 458 WO/Pharmacist AK Tikendrajit Singh
...Petitioner/s
- Versus -
Ajoy Kumar Bhalla and 2 Ors.
...Respondent/s
BEFORE
HON'BLE MR. JUSTICE MV MURALIDARAN
ORDER
11.10.2022
[1] Heard Mr. Kh. Lupenjit, learned counsel for the applicant and
petitioner in MC(Cont.Cas(C) No.141 of 2022 and Cont. Cas(C) No.108
of 2020, Cont. Cas(C) No.45 of 2021, Cont. Cas(C) No.55 of 2020 and
Cont. Cas(C) No.56 of 2020 and Mr. Kh. Samarjit, learned DSGI for the
respondents.
[2] The contempt petition was posted on 11.10.2022 for reporting
compliance or filing counter affidavit on the request made by Mr. Kh.
Samarjit, learned DSGI for the respondents.
[3] While pendency of the contempt petition, the petitioner has filed
the present application i.e., MC(Cont. Cas(C)) No.141 of 2022 seeking for
hearing of the case and modification of the Hon'ble Court's order dated
29.08.2022 passed in Cont. Cass(C) No.56 of 2020.
[4] When the matter is taken up today, Mr. Kh. Samarjit, learned DSGI
for the respondents seeks further time to get instruction for filing counter
affidavit in MC(Cont.Cas(C)) No.141 of 2022 whereas Mr. Kh. Lupenjit,
learned counsel for the applicant and petitioner has produced a letter
dated 30.08.2022 which reads as follows:
CF-3601979
Government of Home Affairs
Police.II Division (PF.IV)
.......................
Sub: Implementation of common Judgment and order dated 23 January
2020 passed in WP(C) No.149/2017, WP(C) No.597/2018, WP(C)
No.598/2018 and Judgment and Order dated 18 February 2020 passed
in WP(C) No.1033/2019 and Judgment and Order dated 16 September
2021 passed in WP(C) No.816/2019 by introducing the rank of Naib
Subedar to Paharmacist category of Assam Rifles.
The undersigned is directed to refer to Assam Rifles' leter No.
A/Legal/Pharm case/SM/390 darted 27.07.2022 on the subject cited
above.
2. The matter has been examined in this Ministry and it is observed
that all the petitioners do not have the requisite qualification(as per RR)
for upgradation to the post of Naib Subedar (Pharmacist).
3. Assam Rifles is requested to provide the following
documents/information:-
i) Copy of the Hon'ble Apex Court Judgment in the case of
Amrit Lal Berry Vs CCE(1975) 4 SCC 714 and in the case of the Inder
Pal Yadav Vs UOI(1985) 2 SCC 648 referred by AR in the subject file.
ii) Detained information of Pharmacist personnel who are the
beneficiaries of the judgment/ order passed by Hon'ble Court, as per the
following format:
Sl. Name & Rank Educational Year of Name Registratio
No Particulars Date of Qualification & passing of n under
. of individual Joining Degree/Diplom Diploma institut Pharmacy
a in Pharmacy e Council of
India/State
iii) Similar details in respect of retired pharmachist personnel
separately.
(B.S. Nayak)
Under Secretary to the Government of India
[5] Therefore, on receipt of the copy of order passed by the Under Secretary
(to the Govt. of India), Mr. Kh. Samarjit, learned DSGI for the respondents
represented that he has no knowledge about the letter dated 30.08.2022 but he
has received the copy of the letter from the learned counsel for the petitioner in
the Open Court and he seeks time to get instruction and report before this
Court.
[6] Therefore, post these matters on 20.10.2022.
JUDGE
Ab. Surjit
