Manipur High Court
M. Shushila Devi vs Rajesh Kumar on 21 February, 2023
1
Digitally signed by
JOHN JOHN TELEN KOM
TELEN KOM Date: 2023.02.22
17:06:20 +05'30'
Item No.47-51
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
Cont.Cas(C)No.160 of 2022
With
Cont.Cas(C)No.131 of 2022
With
Cont.Cas(C)No. 137 of 2022
With
MC(Cont.Cas(C))No. 170 of 2022
With
MC(Cont.Cas(C))No. 171 of 2022
M. Shushila Devi
...Petitioner/s
- Versus -
Rajesh Kumar
...Respondent/s
BEFORE
HON'BLE THE ACTING CHIEF JUSTICE M.V.MURALIDARAN
ORDER
21.02.2023
[1] Heard Mr. M. Hemchandra, learned senior counsel appearing
for the petitioners in Cont.Cas(C)No.131 of 2022, Mrs. H. Bisheshwari,
learned counsel appearing for the petitioner in Cont.Cas(C)No. 137 of 2022,
Mr. N. Jotendro, learned senior counsel appearing for the petitioner in
Cont.Cas(C)No.160 of 2022, Mr. Lenin Hijam, learned AG representing for
all the respondents, Mr. Y. Nirmolchandra, learned senior counsel for
respondent No.2, Mr. RK Deepak, learned counsel for the respondent No.1
and Mr. L. Shashibhushan, learned Counsel appearing for the respondent
No.3.
[2] The Contempt application in Cont.Cas(C)No. 131 of 2022 and
Cont.Cas(C)No.137 of 2022 have been filed for the violation of the order
passed by this Court in WP(C)No.639 of 2021 dated 28.10.2021.
[3] After issuance of notice, all the three respondents were
engaged their representive counsel as mentioned above and this Court
directed the respondents to file their counter affidavit or to comply the order.
[4] When these two contempt applications in Cont.Cas(C)No.131
of 2022 and Cont.Cas(C)No.137 of 2022 were taken up for hearing on
15.11.2022, Mr. L. Shashibhushan, learned counsel appearing for the
respondent No.3 has produced letter dated a 14.11.2022 passed by the 3rd
respondent which read as follow:
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 of.
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).
[5] Therefore, after hearing both parties, this Court has directed the
respondent particularly the Director of Education(S) of Manipur to pass
appropriate order by passing order for regularizing retrospectively to these
present writ petitioners in this contempt application in Cont. Cas(C)No.131 of
2022 and Cont. Cas(C)No.137 of 2022 and report this Court on the next
hearing. Accordingly, the matters are directed to be posted on 23.11.2022.
[6] When the matters are taken up on 23.11.2022, the counsels for
the respondents again seeks further time for complying order passed by this
Court dated 15.11.2022. Accordingly, the matters are directed to post on
25.11.2022.
[7] On 25.11.2022, when the case was taken up for hearing, Mr.
Gyan Prakash, IAS, Commissioner(Education/S) Govt. of Manipur alongwith
his counsel Mr. RK Deepak, learned counsel appeared in person before this
Court. . Mr. Gyan Prakash, IAS, Commissioner(Education/S) Govt. of
Manipur, the respondent No.1 in these contempt applications who appeared
in person before this Court has represented that he may be given one weeks'
time to pass appropriate order in respect of the contempt applications in
Cont.Cas(C)No.131 of 2022 and Cont.Cas(C)No.137 of 2022 by complying
the order dated 15.11.2022 by passing orders regularizing the petitioners'
service in both the contempt application retrospectively and produce the
dame on the next hearing.
[8] Mr. RK. Deepak, learned counsel for the respondent
No.1 produced an order dated 15.11.2022 before this Court in which the
Director of Education(S) represented that pursuant to the order dated
15.11.2022 passed by this Court, the third respondent by namely, the
Director of Education Government of Manipur has sent a letter dated
15.11.2022 to Mr. Gyan Prakash, IAS, Commissioner(Education/S) Govt. of
Manipur about the order passed by this Court dated 15.11.2022 for
compliance and report.
[9] When the matter is taken up on 25.11.20222, Mr. Gyan
Prakash, IAS, Commissioner, Education(s) Govt. of Manipur who appeared
in persons also admitted that he has received letter dated 15.11.2022 from
the 3rd respondent and informed that the action was underway.
[10] Therefore on 25.11.2022, when the matters were taken up, Mr.
Gyan Prakash, IAS Commissioner Education(S) Govt. of Manipur has
produced before this Court and represented that he may be given one weeks'
time to pass appropriate order as directed by this Court and produced the
same on the next hearing. Therefore, the matters were listed on 02.12.2022
alongwith Cont.Cas(C)No.160 of 2022. On that day, Mr. Lenin Hijam learned
AG, Manipur appeared for all the three respondents and represented that as
per subsequent order passed by this Court on 25.11.2022, the respondent
authorities were duty bound to pass appropriate order but because of the
Sangai Festival, no order could be passed as the official respondent No.3
also participated in the said Sangai Festival. Therefore, Mr. Lenin Hijam,
learned AG seeks further one weeks' time and he undertook that appropriate
orders will be passed on or before 13.12.2022 by issuing fresh order
appointing the petitioners' service for regularization with retrospectively.
Therefore, this Court directed to post the all the three contempt applications
alongwith MC(Cont.Cas(C))No. 170 and 171 of 2022 on 20.12.2022.
[11] ` When the matters are taken on 20.12.2022, Mr. Lenin Hijam,
learned AG who appeared for the respondents represented that respondents
Nos. 1 & 3 are ready to pass order pursuant to the order dated 15.11.2022
and 25.11.2022 but the matter is pending before the Cabinet for approval.
Therefore, he seeks further time to pass appropriate orders after the approval
of the Cabinet. Accepting his request, the cases were adjourned to
20.01.2023 and this Court also directed Mr. Lenin Hijam, AG to issue
appropriate direction to the authority to pass appropriate order permitting the
petitioners in all the 3(three) contempt applications to join in their services as
per the order dated 14.11.2022 passed by the Director of Education(S)
Manipur. Accordingly, the matters were listed on 20.01.2023.
[12] When the matters were taken up on 20.01.2023, after hearing
both sides, this Court passed order as follows:
"[3] As per above order dated 20.12.2022, this Court directed the
respondents to permit the petitioners in all 3(three) contempt cases to
join their services and to pass order by regularizing the service of the
petitioners with retrospective effect and produce the same before this
Court on the next date of hearing.
[4] When the matter is taken up today, Mr. Lenin Hijam, learned
AG who appeared for the respondents represented that the authority
are ready to pass order pursuant to the order dated 14.11.2022 and
the cabinet is yet to decide about the order passed by this Court in
respect of the contempt cases. Therefore, he seeks 4(four) weeks
further time for producing the copy of the orders whereas Mr. M.
Hemchandra, learned senior counsel for the petitioners prayed this
Court to permit the petitioners in three contempt cases to join their
services in the meantime.
[5] Therefore, after hearing both the counsel for the parties, post
these matters on 17.02.2023.
[6] The respondents are directed to permit the petitioners in all
3(three) contempt cases to join their services as per order dated
14.11.2022 passed by the Director of Education(S), Government of
Manipur and produce copy of the compliance order in respect of
passing order to regularize the services of the petitioners
retrospectively, without fail on 17.02.2023."
[13] After passing the order on 20.01.2023, the matters were
directed to be posted on 17.02.2023 and thereafter today.
[14] When the matters are taken up today, Mr. Lenin Hijam, learned
AG for respondents represented that the petitioners in Cont.Cas(C)No.131
of 2022 and Cont.Cas(C)No.137 of 2022 have filed writ petition in
WP(C)No.639 of 2021 and considering their case on 28.10.2021, this Court
passed the order as follows:
"15. Considering the facts and circumstances of the case, particularly
taking note of the fact 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. No Costs."
[15] He further argued that similarly situated persons were filed Writ
petition in WP(C)No.73 of 2019 and this Court by order dated 22.11.2021
passed the following orders:
31. All the petitioners were appointed to substantive posts,
though on adhoc basis, and had also the requisite qualification
as prescribed by the Rules of 1995 i.e., the prevailing Rules
when the petitioners were appointed. This Court has already
come to the finding that the Notification dated 23%
August, 2010 issued by the NCTE would not apply to the
petitioners. This Court has also come to the finding that the
appointment of the petitioners are only irregular and not illegal.
The Special Class-lll DPC, which was constituted on the basis
of Cabinet decision, having already made its recommendation
by the letter dated 11th January, 2017, the State respondents
are bound to consider the said recommendation Particularly
when it is a policy decision of the Government.
32 In the facts and circumstances of what has been discussed
hereinabove, the impugned order dated 7.12.2018 passed by
the Joint Secretary, Education (S), Government of Manipur is
set aside and quashed. The State respondents are directed to
forthwith consider the proceedings of the Special Class-III
DPC submitted by the letter dated 11.01.2017 written by the
Director of Education(S), and addressed to the Commissioner,
Education (S), Government of Manipur and take appropriate
decision for regularization of the petitioners within a period of
1(one) month from the date of receipt of a copy of the order of
this Court.
[16] Therefore, the authorities have passed order in that above writ
petition dated 22.11.2021 but thereafter they passed order regularizing the
service of the writ petitioners in WP(C)No.73 of 2019 dated 22.11.2021 but
these two contempt applications in Cont.Cas(C)No.131 of 2022 and
Cont.Cas(C)No.137 of 2022 which are arising out of the order in
WP(C)No.639 of 2021 dated 28.10.2021 issued only direction to consider the
representation of the petitioners. Therefore, he prayed this Court that there is
no violation in this order since the authorities have already passed the order.
[17] Mr. M. Hemchandra, learned senior counsel for the petitioners
in Cont.Cas(C)No.131 of 2022 and Ms. H. Bisheshwari, learned counsel
appearing for the petitioner in Cont.Cas(C)No.137 of 2022 represented that
after passing the orders by this Court in WP(C)No.639 of 2021 dated
28.10.2021, the authorities have passed 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 of.
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).
[18] Thereafter, the respondent authorities also appeared in person
through his counsels undertook to pass appropriate order by giving
regularization to these writ petitioners retrospectively.
[19] The Counsel for the petitioner in both the contempt applications
represented that once the order dated 14.11.2022 was passed based on the
order passed in WP(C)No.639 of 2021 dated 28.10.2021, the respondents
cannot now come and say that this Court only passed the order to dispose of
the representation.
[20] When the order was passed on 14.11.2022, the 3rd respondent
has passed order regularizing the service of the petitioners in both contempt
application in Cont.Cas(C)No.131 of 2022 and Cont.Cas(C)No.137 of 2022
and later on the respondent No.1 also appeared in person and gave
undertaking before this Court that the regularization order issued by the 3 rd
respondent dated 14.11.2022 will be modified to the effect that the service of
the petitioners will be regularized retrospectively . Therefore, this Court
passed the orders on several occasions and Mr. Lenin Hijam, learned AG
and other counsels for the respondents also appeared before this Court
represented that the respondents would pass order of regularization of the
petitioners in Cont.Cas(C)No. 131 of 2022 and Cont.Cas(C)No.137 of 2022
retrospectively. Therefore, the respondents are duty bound to pass
appropriate orders by permitting the petitioners to join in their services
immediately by passing subsequent orders for regularization of the
petitioners retrospectively. Therefore, both the counsels appearing for the
petitioners prayed before this Court that, pursuant to the order passed by the
3rd respondent dated 14.11.2022, suitable direction may be issued to
respondent Nos. 1 to 3 to permit the petitioners in both the applications
alongwith the petitioners in Cont.Cas(C)No.160 of 2022 to join their services
first and also give their place of posting and thereafter they may pass the
orders for regularization retrospectively.
[19] Mr. Lenin Hijam, learned AG appearing for the respondents
represented that before this Court if this Court is inclined to pass any order,
the same will be communicated to the respondent Nos. 1 to 3 for proper
compliance.
[20] Considering the arguments advanced by both the parties, it is
made clear that the order dated 14.11.2022 was passed by the 3 rd
respondent, the Director of Education in pursuance to the order passed by
this Court in WP(C)No.639 of 2021 dated 28.10.2021. Therefore, the
respondents are duty bound to permit the petitioners to join in their services
and allot the place of posting by passing subsequent order by regularizing
their services with retrospective effect.
[21] Since the respondent No.1 who appeared in person before this
Court on 25.11.2022 has given undertaking that the respondents abide the
order passed by this Court and suitable orders will be passed within a period
of one weeks but till date no order has been passed. Therefore, I am inclined
to pass the following orders:
(a) The respondent Nos. 1 to 3 are hereby directed to permit
the petitioners in all the three contempt applications to join in
their service immediately on or before 27.02.2023 pursuant to
the order passed by this court by the 3rd respondent dated
14.11.2022 by passing order to allot the place of working.
(b) the respondent Nos. 1 to 3 are hereby directed to pass
appropriate order by regularizing the service of the petitioners
with retrospective effect as per the order dated 14.11.2022
passed by the 3rd respondent and report this Court on
27.02.2022.
(c) In respect of the Cont.Cas(C)No.160 of 2022, the
respondents are directed to pass the same order of
regularization retrospectively to be passed for the petitioners
in Cont.Cas(C)No. 131 of 2022 and Cont.Cas(C)no.137 of
2022 and report this Court on 27.02.2023.
(d) The Registry is directed to post this matter on 27.02.2023
immediately after motion.
(e) The Registry is directed to communicate this order to both
the parties on 22.02.2023.
ACTING CHIEF JUSTICE
[[
John kom
