Manipur High Court
Dhan Prasad Dahal & 3 Ors vs State Of Manipur & Anr on 29 February, 2024
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
Item No. 2-3
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 148 of 2024 with
MC(WP(C) No. 118 of 2024
Dhan Prasad Dahal & 3 Ors.
.....Petitioner/s
- Versus -
State of Manipur & Anr.
.... Respondent/s
BEFORE
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
Order
29.02.2024
[1] Heard Mr. M. Hemchandra, learned senior counsel
assisted by Ms. M. Rinika, learned counsel for the petitioners and Mr.
Th. Sukumar, learned G.A. for the State respondent.
[2] The case of the petitioners is that they are working as
Forest Guard on casual basis since 1990 & 1992 and their services
were regularized vide order dated 27.04.2021 in compliance of the
order dated 04.03.2019 passed by this Court in WP(C) No. 188 of 2019
whereby regularization is to be effective from the date of appointing to
their respective post.
[3] The petitioners submitted a common representation
dated 20.12.2022 to the Principal Chief Conservator of Forests &
HoFF, Government of Manipur for extension of past service for the
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purpose of pensionary and retiral benefits. It is stated that the
representation is still pending.
[4] Subsequently, the Deputy Secretary (Forests, Envt. &
CC), Government of Manipur issued an order dated 28.03.2023
whereby retiral and pensionary benefits to be extended to 256
members whose services were regularized in terms of the order dated
29.09.1997 in C.R. No. 523 of 1995 passed by erstwhile Imphal Bench
of the Gauhati High Court and subsequent order dated 02.04.2019 in
WP(C) No. 179 of 2018 and order dated 06.11.2019 in WP(C) No. 489
of 2019 passed by this Court. In the said order, the past services of the
256 members will be counted notionally from the date of initial
engagement as casual/muster roll employees for the purpose of retiral
and pensionary benefits, without claiming any financial benefits.
[5] Thereafter, the petitioners submitted a reminder dated
14.09.2023 in pursuance to the earlier representation for considering
their case.
[6] By the present writ petition, the petitioners are claiming
benefit of the order dated 28.03.2023 issued by the Government of
Manipur in pursuance to the earlier Court's order.
[7] At this stage, Mr. M. Hemchandra, learned senior counsel
for the petitioners, submits that the writ petition may be disposed of by
issuing a direction to the respondents to consider the representation
dated 20.12.2022 and reminder dated 14.09.2023 in light of the
judgment.
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[8] Mr. Th.Sukumar, learned G.A. for the State respondent,
submits that writ petition may be disposed of by issuing an innocuous
direction to the respondents to pass a speaking order on the
representation submitted by the petitioners and without expressing any
opinion on the merit of the case.
[9] Recording the submissions made at the bar, writ petition
is disposed of with a direction to the respondents to disposed of the
representation dated 20.12.2022 and reminder dated 14.09.2023 by a
speaking order within a period of 2 (two) months from the date of
receipt of a copy of this order as per Rule.
[10] It is made clear that this Court does not express any
opinion on the merit of the case.
[11] Furnish a copy of this order to the learned counsel
appearing for all the parties for information.
JUDGE
Kh. Joshua Maring
KH. Digitally signed by
KH. JOSHUA
JOSHUA MARING
Date: 2024.03.01
MARING 17:01:45 +05'30'
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