Manipur High Court
State Of Manipur & Anr vs Laishram Rakesh Singh on 28 May, 2024
Author: A.Bimol Singh
Bench: Ahanthem Bimol Singh
Digitally signed
LAISHRAM by LAISHRAM
DHAKESH DHAKESHORI
DEVI IN. 14-15
ORI DEVI Date: 2024.06.03
12:09:51 +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WA No. 70 of 2023
State of Manipur & anr. ... Appellant/s
Vs.
Laishram Rakesh Singh ... Respondent/s
With
MC(WA) No. 122 of 2023
B E F O R E
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
HON'BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU KABUI
28-05-2024
(A.Bimol Singh,J)
Heard Ms. Ch. Sundari, learned GA appearing for the
appellant and Mr. Y. Nirmolchand, learned senior counsel assisted
by Mr. L. Raju, learned counsel appearing for the respondent.
[2] The present appeal has been filed assailing the
judgment and order dated 02-06-2023 passed by the Hon'ble
Single Judge in WP(C) No. 686 of 2019. Under the said impugned
judgment and order, the respondent authorities were directed to
issue an order appointing the petitioner as Grade-IV/Chowkidar in
terms of the recommendation of the DPC/State Level Selection
Committee meeting held on 28-12-2016 and the Government
approval dated 26-11-2016 within a period of 4(four) weeks
from the date of receipt of a copy of the judgment and order.
[3] On examination of the materials available on record,
more particularly, the order dated 22-06-2016issued by the
Secretariat, Education (S) Department, which was notified in the
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Official Gazette on 21-10-2016, it is found that by the said order,
the Government accorded approval to the conversion of the Ch.
Thamboumacha Aided High School to a full-fledged Government
High School along with all movable and immovable assets of the
said school.
[4] By the said order, the services of all the employees of
the school were also absorbed with prospective effect. On
examination of the record, it is also found that the petitioner was
also absorbed as Chowkidar of the said school (Annexure-A/IV
annexed in the said order).
[5] In our considered view, by the said order dated 22-
06-2016, the said Aided school has been converted as full-fledged
Government school and the services of the teaching and non-
teaching staff serving in the said school, including the writ
petitioner, have also been absorbed. However, after issuance of
the said order dated 22-06-2016, the authorities held a DPC to
consider the cases of the employees serving in the said school
and two other schools for their appointment as Government
employees.
[6] On examination of the proceeding of the said DPC, it
is also found that the writ petitioner was also recommended for
such appointment, however, since the authorities did not issue
any appointment order in respect of the petitioner, he
approached this Court by filing the connected writ petition.
[7] In our considered view, since the service of the
petitioner as Chowkidar in the Ch. Thamboumacha Aided High
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School had already been absorbed under the order dated 21-10-
2016, we failed to see the reason for holding a DPC for
appointment of the petitioner as a Government employee.
[8] On an inquiry being made to the learned Government
Advocate, the learned Government Advocate failed to explain the
reason for holding the DPC for absorption of the services of the
staff working at the said schools. The learned Government
Advocate, accordingly, seeks two weeks' time to get instruction
from the authorities as to the requirement of holding the said
DPC for absorption of the staffs working in the said schools.
[9] As prayed for, list this case again on 25-06-2024. A
copy of this order be furnished to the learned counsel appearing
for the parties through their WhatsApp/e-mail during the course
of the day for doing the needful.
JUDGE JUDGE
Dhakeshori
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