Smt. Kh. Tombisana Devi vs The State Of Manipur Through The ...
2024 Latest Caselaw 173 Mani

Manipur High Court

Smt. Kh. Tombisana Devi vs The State Of Manipur Through The ... on 7 May, 2024

Author: A. Guneshwar Sharma

Bench: A. Guneshwar Sharma

JOHN TELEN    Digitally signed by JOHN
              TELEN KOM

KOM           Date: 2024.05.14 07:25:57
              +05'30'




                                                                                      Item No.73

                                           IN THE HIGH COURT OF MANIPUR
                                                     AT IMPHAL

                                                 WP(C)No.579 of 2022
        Smt. Kh. Tombisana Devi, aged about 49 years, w/o Shri. L. Sanatomba
        Singh, resident of Sagolband Nepra Menjor leikai, PO Imphal, PS
        Lamphel and District Imphal West, Manipur.
                                                                                       ...Petitioner
                      - Versus-

        The                  State          of      Manipur       through       the        Principal
        Secretary/Commissioner/Secretary(Agriculture), Govt. of Manipur & Anr.

                                                                                 ...Respondents

                                   BEFORE
                  HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
                                   ORDER

(Oral) 07.05.2024.

[1] Heard Mr. SH. Athoi Singh, learned counsel for the petitioner

and Mr. TH. Sukumar learned G.A for the State respondent.

[2] The petitioner who is a stenographer Grade-III in Agricultural

Department of Muster Roll prayed for regularization as done in the case

of other similarly situated persons in Agricultural Department in pursuance

of the judgment and order dated 12.07.2017 passed by this Court in

WP(C)No.848 of 2016(A/13).

[3] It is stated that the order of the learned Single Judge is

upheld by the Division Bench of this Court vide order dated 11.12.2020 in

writ appeal being No.11 of 2018(A/15) and by Supreme Court vide order

dated 21.02.2022 in SLP No. 18315 of 2021(A/17). The Hon'ble Supreme Court upheld the direction of the learned Single Judge's direction to

consider the case of the petitioner therein for regularization of their posts

as per applicable law.

[4] Mr. SH. Athoi Singh, learned counsel for the petitioner draws

attention of this Court to the list of similarly situated person prepared by

the Director of Agricultural Department vide order dated 01.02.2017 where

the name of the petitioner is shown at serial No.2 in the list of the 91(Ninety

one) similar persons.

[5] It is prayed that a direction may be issued to the State

respondent for considering the case of the petitioner for regularization as

per the above orders passed by this Court as well as by the Hon'ble

Supreme Court.

[6] Mr. Shyam Sharma, learned G.A submits that the concerned

department may be permitted to consider the case of the petitioner on its

own merit without expressing any opinion on the merit of the case.

[7] Recording the submissions made at the bar and perusing the

materials on record, the State respondents are directed to consider the

case of the petitioner in terms of the Annexure A/13, A/15 and A/17 within

a period of three months from the date of receipt of copy of this order.

[6] Accordingly, the present writ petition is disposed of.

JUDGE

John Kom