State Of Manipur & Anr vs Okram Menthoi Devi & 23 Ors
2023 Latest Caselaw 173 Mani

LAISHRAM Digitally
         LAISHRAM
                   signed by

DHAKESH DHAKESHORI DEVI
         Date: 2023.04.27                                                                     Item No. 4-5
ORI DEVI 14:54:23 +05'30'

                                                IN THE HIGH COURT OF MANIPUR
                                                              AT IMPHAL
                               WA No. 43 of 2023
                               State of Manipur & anr.                              ...Appellant/s
                                     Vs.
                               Okram Menthoi Devi & 23 ors.                         ...Respondent/s

B E F O R E HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA

27-04-2023 A.Bimol Singh, Judge.

Heard Mr. Y. Ashang, learned GA appearing for the

appellants and Mr. Kh. Tarunkumar, learned senior counsel assisted by

Ms. Kh. Nirmala, learned counsel appearing for the respondents.

                               [2]          Appeal is admitted for hearing.

                               [3]          In the present case, only 24 petitioners filed the writ

                               petition praying for      regularization of their service taking into

consideration the long services rendered by them. On examination of

the record, we found that the original writ petitioners No. 1, 4, 5, 7, 9,

20, 22 & 23 (8 in numbers) were appointed as Laboratory Attendant,

respondent No. 14 was appointed as Laboratory Assistant, Petitioner

No. 6, 8, 11, 12 , 15, 17, 19, 21, 24 ( 9 in number) were appointed as

Chowkidar, petitioner No. 2, 3, 10, 16 & 18 (5 in number) were

appointed as Peon/Grade IV and petitioner No. 13 was appointed as

Computer Operator. Since altogether only 24 writ petitioners were

there, we are of the considered view that quashing of the impugned Item No. 4-5

notification dated 22-09-2021 notifying altogether 182 posts is not

required.

[4] The learned GA vehemently prays for staying the

operation of the impugned judgment and order passed by the learned

Single Judge.

[5] After hearing the submission advanced by the learned

counsel appearing for the parties at length and on perusal of the

records, we are not inclined to pass any interim order as sought for by

the learned GA and accordingly, the prayer for passing interim order is

rejected. However, as an interim measure, it is hereby directed that the

impugned judgment & order of the learned Single Judge in so far as the

portion of quashing impugned notification dated 22-09-2021 is modified

to the extent that the authorities can go ahead with the recruitment for

the posts notified under impugned notification dated 22-09-2021 except

for 8 posts of Laboratory Attendant, 1 post of Laboratory Assistant, 9

post of Chowkidar, 5 posts of peon/Grade-IV and 1 post of LDC,

against which the petitioners can be appointed on regular basis in

terms of the direction given by the learned Single Judge.

[6] As prayed for, list this case again on 12-05-2023.

                   JUDGE                              JUDGE



Dhakeshori
                                                               Item No. 4-5




                   IN THE HIGH COURT OF MANIPUR
                               AT IMPHAL
MC(WA) No. 81 of 2023
State of Manipur & anr.                             ...Applicant/s
        Vs.
Okram Menthoi Devi & 23 ors.                        ...Respondent/s

                           B E F O R E

HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA

27-04-2023 A.Bimol Singh, Judge.

In view of the order passed in the main writ appeal being

WA No. 43 of 2023, the present application is rejected.

                     JUDGE                            JUDGE



Dhakeshori