Manipur High Court
L. Seimang Kuki vs Union Of India on 19 June, 2025
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
1
LUCY Digitally
signed by
Item No. 26
GURU LUCY
GURUMAYUM IN THE HIGH COURT OF MANIPUR
MAYU Date:
2025.06.19 AT IMPHAL
M 17:08:20
+05'30'
WP(C) No. 351 of 2018
L. Seimang Kuki Petitioner
Vs.
Union Of India Respondents
BEFORE
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
19.06.2025
[1] Heard Mr. Kh. Lupenjit, learned counsel appearing for the
petitioner and Mr. BR Sharma, learned CGSC appearing for the
respondents.
[2] At the outset, the learned counsel appearing for the petitioner
submitted that the issue raise in this present petition is squarely covered
by the order dated 12.03.2025 passed by this Court in WP(C) No. 797 of
2021 and that the present writ petition can be disposed of by passing
similar order.
[3] Mr. BR Sharma, learned CGSC also fairly submitted that the
present writ petition can be disposed of by passing similar order dated
12.03.2025 passed in WP(C) No. 797 of 2021.
[4] The operative portion of the said order dated 12.03.2025 are
produced here under;
"[2] At the outset, both the counsel appearing for the parties
submitted that the issue raised in the present writ petition is
similar to the issue raised and decided by this Court in WP (C) No.
675 of 2022 and other analogous cases. By a judgment and order
dated 30.04.2024 passed by this Court in WP (C) No. 675 of
2022, the said writ petition has been disposed of by granting
reliefs to those petitioners. The operative portion of the said
judgment are as under:
"19. The decision in Dineshan K.K. (supra) has been relied
by various High Courts including this Court and the
erstwhile common Gauhati High Court and the matter has
attained finality. The facts of the present case is also
similar with the case of Dineshan K.K."
"20. From perusal and detail analysis of the judgments
passed by Hon'ble Supreme Court, Gauhati High Court and
Meghalaya High court in the above cited cases of Dineshan
K.K., order dated 22.09.2011 in WA No. 50 (SH) 2010 and
order dated 08.05.2014 in WP(C) No. 56 of 2013
respectively, this court is of the firmed view that the
petitioners herein are also entitled to the similar reliefs.
Accordingly, the respondents are directed to grant/
upgrade the ranks of the petitioners to the post of Warrant
Officers (Radio Mechanic) in Assam Rifles equivalent to
ASI (Radio Mechanic) in BSF/ ITBP/CRPF with pay scale of
Rs. 4000-6000 with effect from their initial entry level in
terms of Ministry of Home Affairs Notification dated
22.01.1998 with all consequential reliefs. The direction
shall be complied within a period of three months from the
date of receipt of a copy of this order."
It has further been submitted by the learned counsel
appearing for the parties that the present writ petition may be
disposed of by passing similar order dated 10.03.2025 passed by
this Court in WP (C) No. 84 of 2023.
[3] Mr. BR Sharma, learned CGSC appearing for the
respondents fairly submitted that the facts and circumstances
raised in the present writ petition and those in the above
mentioned 2 writ petitions are similar except for trades of the
petitioners. However, the learned CGSC submitted that the said
judgments and orders have been assailed by the authorities by
filing a writ appeal and the same is still pending. The learned
CGSC further submitted that as similar writ petitions have been
disposed of by this Court, the present writ petition may be
disposed of by passing similar judgment and order passed by this
Court.
[4] The present writ petition has been filed seeking the
following inter-alia, reliefs:-
"iii. Issue a writ of certiorari or any other appropriate writ
of the like nature for setting aside the Speaking order
being No. A/Pers/II-04/SKT-MED/2018/468 dated
19/07/2018 was issued by Mahanideshalaya Assam Rifles,
Directorate General Assam Rifles, Shillong-11."
"iv. Issue a writ of mandamus or any other appropriate
writ of the like nature directing the Respondents to Up-
gradation and re-designation of Havildar/Store Keeper
Technical (Medical) to the rank of WO/ Store Keeper
Technical (Medical) as Initial Rank (w.e.f. date of
remustration) along with all financial benefits and arrears."
[5] Taking into consideration the submission advanced by the
learned counsel appearing for the parties and on perusal of the
record, this Court is of the considered view that the present writ
petition can be disposed of by passing similar order dated
10.03.2025 passed by this Court in WP (C) No. 84 of 2023.
Accordingly, the present writ petition is disposed of with
the following directions:-
1. The respondents are directed to consider the cases
of the petitioners for up-gradation and re-
designation of Havildar/Store Keeper Technical
(Medical) to the rank of Warrant Officer/ Store
Keeper Technical (Medical) as initial rank with
effect from the date of their remustration along
with all financial benefits in the light of the order
dated 10.10.1997 issued by the Joint Secretary,
Government of India, Ministry of Home Affairs and
as per the recommendation of the 5th Pay
Commission and Office Memorandum dated
22.01.1998.
2. The said direction should be completed by the
authorities within a period of 6 months from the
date of receipt of a certified copy of this order.
Consequently, the impugned order dated
19.07.2018 (A/10) issued by the respondent No. 3
is also quash and set aside."
[5] Taking into consideration the submission advanced by the
learned counsel appearing for the parties and on perusal of the records,
this Court is of the considered view that the interests of justice will be
served by issuing the following directions;
1. The respondent are directed to consider the cases of the
petitioner for up-gradation and re-designation of
Havildar/Store Keeper Technical (Engineering) to the rank of
Warrant Officer (Store Keeper Technical) (Engineering) as
initial Rank with effect from the date of their remustration
along with all financial benefits in the light of the order
dated 10.10.1997 issued by the Joint Secretary, Government
of India, Ministry of Home Affairs and as per the
recommendation of the 5th Pay Commission and Office
Memorandum dated 22.01.1998.
2. The said direction should be completed by the authorities
within a period of 6 months from the date of receipt of a
certified copy of this order.
[6] With the aforesaid direction, the present writ petition is
disposed of.
JUDGE
Lucy
