Manipur High Court
Thokchom Chhatrajit Singh; & Ors vs Lourembam Iboyaima Singh; & Ors on 6 May, 2024
Digitally signed
KABORAMBA by KABORAMBAM
M SANDEEP SANDEEP SINGH
Date: 2024.05.07
SINGH 17:46:41 +05'30'
Item No. 5
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC (W.A.) No. 76 of 2021
[Ref: W.A. No. 46 of 2021]
Thokchom Chhatrajit Singh; & Ors.
Applicants
Vs.
Lourembam Iboyaima Singh; & Ors.
Respondents
BEFORE
HON'BLE THE CHIEF JUSTICE MR. SIDDHARTH MRIDUL
HON'BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU KABUI
06.05.2024
Siddharth Mridul, C.J.:
The present application has been instituted on behalf of
(1) Dr. Thokchom Chhatrajit Singh, (2) Dr. Rajkumar Kamaljit Singh,
(3) Loukrakpam Merin Singh, (4) Dr. Biraj Shougaijam, (5) Anand Jyoti Sanasam,
(6) Pinky Khundrakpam, (7) Rosy Kimneithem Haokip, (8) Dr. Ningombam
Swapana, (9) Thingbaijam Rajkumari Chanu, the applicants No. 1-9 respectively,
seeking leave of this Court to institute the accompanying third party writ appeal
against the judgment and order dated 20.09.2018 rendered by the learned Single
Judge in W.P. (C) No. 519 of 2018 as well as the consequent order dated
17.08.2020 passed by the Manipur Technical University (MTU), in compliance with
the aforesaid judgement and order.
It is an admitted position that the present applicants were not a party
in the subject writ petition. It is the submission of Mr. BP Sahu, learned senior
counsel appearing on behalf of the applicants that the said impugned judgment
MC (W.A.) No. 76 of 2021 Page 1
and order dated 20.09.2018 as well as the said consequent order dated 17.08.2020
passed by the Manipur Technical University (MTU) have affected their seniority as
regularly appointed Assistant Professors of the latter institution.
In this behalf, it is asseverated that the applicants were regularly
appointed as employees of the Manipur Technical University (MTU), after following
all the relevant guidelines issued by the UGC and the MTU Act, in accordance with
law. On the contrary, it is asserted that the original writ petitioners/contesting
respondents herein; were engaged purely on a contractual basis in order to
operationalize the functioning of the MTU.
The applicants are aggrieved by the said impugned judgment and
order inasmuch as the contesting respondents, who are contract employees have
been directed to be regularized after having completed only two years of service.
It is in this manner, it is urged, that the applicants have been severely prejudiced
by the said impugned judgment and order dated 20.09.2018 as well as the said
consequent order dated 17.08.2020 passed by the MTU.
Mr. A. Romenkumar, learned senior counsel, appearing on behalf of
the contesting respondents, who were the original writ petitioners, has vehemently
opposed the grant of leave on the ground that the applicants are neither the proper
nor the necessary party.
Dr. RK Deepak, learned counsel appearing on behalf of MTU through
video conferencing, on a specific query from the Bench, states that he has
instructions not to oppose the relief prayed for in the present application.
MC (W.A.) No. 76 of 2021 Page 2
Mr. Athouba Khaidem, learned Government Advocate appearing on
behalf of the State respondents, states that he has instructions to oppose the relief
prayed for in the present application.
In view of the foregoing and in particular, the circumstance that the
applicants are aggrieved by the judgment and order dated 20.09.2018 as well as
the said consequent order dated 17.08.2020 passed by the MTU inasmuch as
contractual employees have been arguable regularized affecting their seniority and
promotion prospects; we are of the view that it would be just and proper to grant
them leave to appeal.
Needless to state that any aggrieved party is a proper and necessary
party in a proceeding relating to inter se seniority and promotion.
The present application is accordingly allowed and disposed of.
The applicants are granted leave to file third party writ appeal.
JUDGE CHIEF JUSTICE
Sandeep
MC (W.A.) No. 76 of 2021 Page 3
