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Manipur High Court
Thoudam Bhupendra Singh And 32 Ors vs Yengkhom Ashalata Devi And 38 Ors on 11 March, 2026
1
Abujam
Surjit Singh IN THE HIGH COURT OF MANIPUR
Sl. Nos.2-3
AT IMPHAL
Digitally signed by
Abujam Surjit Singh
Date: 2026.03.11 W.A. No.9 of 2026
12:01:35 +05'30' With
MC(W.A) No.10 of 2026
Thoudam Bhupendra Singh and 32 Ors.
Applicant/ s
Vs.
Yengkhom Ashalata Devi and 38 Ors.
R espondent/ s
BEFORE
HON'BLE THE CHIEF JUSTICE MR. M. SUNDAR
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
(ORDER)
(Order of the Court w as m ade by M r. M . Sundar, CJ)
11.03.2026
[1] Captioned main Writ Appeal (W.A.) has been filed assailing 'an
order dated 09.02.2026 made by Hon'ble learned Single Bench in WP(C) No.808
of 2025' ('impugned order' for the sake of brevity, convenience and clarity).
[2] Mr. Md. Ajmal Hussain, learned counsel on record for 33 (thirty
three) appellants is before this Court. Learned counsel for appellants, submits
that appellants were not party to proceedings before Hon'ble Single Bench which
culminated in the impugned order owing to which appellants took out an
application in MC(WA) No. 7 of 2026 with a prayer for third-party leave. This
third-party leave M.C. was allowed/ordered by this Division Bench in and vide an
order dated 27.02.2026 and reproduction of the same is as follows:
'Item No. 3
IN THE HIGH COUR T OF M ANIPUR
AT IM PHAL
M C(W A) No. 7 of 2026
Thoudam Bhupendra Singh, (Designation: V.E.W.),
aged about 35 years, S/o Th. Kunjabihari Singh, a
2
resident of Khangempalli Pankha, Imphal West
District, Manipur & 32 Ors.
... Applicants
- Versus -
Yengkhom Ashalata Devi, aged about 43 years old,
W/o Moirangthem Devakishore Singh, a resident of
Kakching Moirangthem Leikai, P.O. & P.S. Kakching,
Kakching District, Manipur - 795103 & 38 Ors.
... Respondents
B E F O R E
HON'BLE THE CHIEF JUSTICE M R . M . SUNDAR
HON'BLE M R. JUSTICE A. GUNESHW AR SHAR M A
For the applicant : Mr. Md. Ajmal Hussain, Advocate
For the respondents : Mr. HS Paonam, Senior Advocate
Instructed by Mr. S. Gunabanta,
Advocate for R-1
: Mr. Phungyo Zingkhei, Deputy
Government Advocate for R-37 to
R-38
: Mr. Disney, Advocate for R-39
(MPSC)
Date of hearing : 27.02.2026
Date of judgment : 27.02.2026
& order
JUDGM ENT & ORDER
(OR AL)
(M . Sundar, CJ)
[1] Captioned miscellaneous case (MC) has been filed by 33
(thirty three) applicants seeking leave/permission to file third party writ
appeal (WA) assailing an order dated 09.02.2026 in W.P.(C) No. 808 of
2025 wherein Hon'ble Single Bench has allowed the writ petition filed by R
- 1 to R - 36 in the captioned MC application.
[2] Short facts are that MC applicants are working as Field
Assistants ('FAs' for the sake of convenience) in Agriculture Department,
Government of Manipur; that they have filed W.P.(C) No. 619 of 2025 inter
alia challenging an order dated 07.01.2022 bearing reference No. ASRB-
302/1/2022-Agri-AGRI made by Commissioner (Agri), Government of
Manipur whereby R-1 to R-36 were absorbed/regularized as FAs; that in
this W.P.(C) No. 619 of 2025, 33 (thirty three) applicants in captioned MC
also made further prayers to consider them for promotion to the posts of
Assistant Agriculture Officer ('AAOs' for the sake of convenience) and other
equivalent posts and they also made prayers for 25 (twenty five)
percentage quota for promotion to AAOs and other equivalent posts
exclusively for FAs as per existing Recruitment Rules without extending the
same to some of newly absorbed/regularized contractual employees; that
in this W.P.(C) No. 619 of 2025, a miscellaneous case being MC[W.P.(C)]
No. 579 of 2025 has been taken out with a prayer for stay qua 41 (forty
one) vacant posts of AAOs; that this W.P.(C) No. 619 of 2025 and
MC[W.P.(C)] No. 579 of 2025 thereat are pending even as of today; that
pending this W.P.(C) No. 619 of 2025 and MC[W.P.(C)] No. 579 of 2025,
R-1 to R-36 filed W.P.(C) No. 808 of 2025 inter alia with a prayer for
direction to consider them for promotion to the post of AAOs or equivalent
posts in the Department of Agriculture; that in this W.P.(C) No. 808 of
2025, R-1 to R-36 in captioned MC have specifically mentioned about
W.P.(C) No. 619 of 2025 in Paragraph No. 19 thereat; that under such
circumstance, in W.P.(C) No. 808 of 2025 where 33 (thirty three) MC
applicants who were not made parties were heard out by a Hon'ble Single
Bench and allowed in and vide afore-referred order dated 09.02.2026; that
under such circumstances, captioned MC (seeking third party leave) has
been filed.
[3] Mr. Md. Ajmal Hussain, learned counsel for applicants
submits that he moved the Registry and also sought tagging of writ
petitions being W.P.(C) No. 619 of 2025 and W.P.(C) No. 808 of 2025 on
coming to know about pendency of W.P.(C) No. 808 of 2025 but the same
was brushed aside and afore-referred 09.02.2025 order came to be made.
It is submitted that vide W.P.(C) No. 808 of 2025, dated 09.02.2025 order,
R-1 to R - 36 in captioned MC application have been directed to be
considered for promotion to 41 (forty one) vacant posts of AAOs or
equivalent posts, such direction has been given to MPSC (Manipur Public
Service Commission) and there is a further direction to complete this
process within 2 (two) months.
[4] Issue notice.
[5] Mr. S. Gunabanta, learned counsel accepts notice for R-1
to R-36; Mr. HS Paonam, learned senior advocate appears on his behalf.
Mr. Phungyo Zingkhei, learned State counsel accepts notice for R-37 and
R-38; Mr. Disney, learned counsel accepts notice for R-39 (MPSC).
[6] All the afore-mentioned counsel consented for having
captioned MC (third party leave application) taken up and heard out.
Therefore, with the consent of afore-mentioned counsel captioned MC
(third party leave application) was taken up and heard out.
[7] Mr. HS Paonam, learned senior advocate submitted that in
W.P.(C) No. 619 of 2025, one set of FAs have assailed
regularization/absorption of another set of FAs, the same is impermissible
and W.P.(C) No. 808 of 2025 filed by R-1 to R-36 in captioned MC pertains
to considering them for promotion from FAs to AAOs; while R-1 to R-36 in
captioned MC are already graduates in Agri discipline, 33 (thirty three)
applicants in captioned MC are only Diploma holders and are undergoing
Degree course.
[8] Mr. Phungyo Zingkhei, learned State counsel and Mr.
Disney, learned counsel for MPSC submit that they neither support nor
oppose the captioned MC and they will abide by any order made by this
Court.
[9] This Court carefully considered the rival submissions.
[10] At the outset, the very absorption/regularization of R-1 to
R-36 i.e. regularization of FAs is under challenge. This Court has
entertained writ petition [W.P.(C) No. 619 of 2025], notice has been issued,
R-1 to R-36 are admittedly contesting the writ petition and R-1 to R-36
have specifically mentioned about pendency of this writ petition in the
pleadings itself particularly in Paragraph No. 19 of W.P.(C) No. 808 of 2025.
[11] If W.P.(C) No. 619 of 2025 is allowed, the very absorption
/regularization of R-1 to R-36 as FAs will stand effaced and therefore the
question of their promotion as AAOs will not arise. Therefore, it is clear that
W.P.(C) No. 619 of 2025 and W.P.(C) No. 808 of 2025 are more in the
nature of cross suit.
[12] Be that as it may, this Court carefully considered the
submissions made by learned senior counsel for R-1 to R-36. This Court is
of the considered view that submissions made by learned senior counsel
(captured and set out supra in Paragraph No. 7) are on merits of the case
of R-1 to R-36 in W.P.(C) No. 619 of 2025 and therefore, the same do not
come to the aid of R-1 to R-36 in resisting captioned MC. To put it
differently, these arguments do not come to the aid of R-1 to R-36 in the
captioned MC. Therefore, this Court refrains from expressing any view or
opinion on the merits of the submissions and makes it clear that these
submissions are left open for being considered in W.P.(C) No. 619 of 2025.
[13] As regards R-37 to R-39, the stated position is that they
are neither opposing nor supporting the captioned MC prayer and they will
abide by any order made by this Court which has been captured and set
out supra in Paragraph No. 8.
[14] As it is clear as day light that R-1 to R-36 have mentioned
about pendency of W.P.(C) No. 619 of 2025, in Paragraph No. 19 of W.P.(C)
No. 808 of 2025 (they have obviously mentioned about W.P.(C) No. 619 of
2025 in W.P.(C) No. 808 of 2025 only because of its relevance) and as this
Court has no doubt that two writ petitions are in the nature of akin to cross
suits as it is a case of two sets of FAs, 33 (thirty three) FAs who are
applicants in captioned MC on one side and 36 (thirty six) FAs [R-1 to R-36
in captioned MC] in tussle for consideration for promotion as AAOs and as
FAs is a feeder post for promotion to AAOs or any other equivalent posts,
this third party leave prayer cannot but be granted.
[15] In the light of the narrative, discussion and dispositive
reasoning thus far, prayer in the captioned MC i.e., prayer seeking third
party leave to assail order dated 09.02.2026 in W.P.(C) No. 808 of 2025 is
acceded to.
[16] Registry is directed to expeditiously process the writ
appeal vide Filing No. WA/391/2026 and Efiling No.
AMN20230000126C202600032 and if objections are removed and if the
writ appeal is in order, assign a number and list the same along with MC
thereat at the earliest.
[17] Captioned MC allowed/ordered as above. There shall be
no order as to costs.'
[3] Learned counsel for appellants submits that the afore-referred
order of this Bench in the third-party leave application captures the crux and
gravamen of the issue and adds that in service jurisprudence, promotion is not a
right and at the highest one can only make a prayer for being considered for
promotion.
[4] Captioned W.A is admitted.
[5] Issue notice.
[6] Mr. S. Gunabanta, learned counsel, accepts notice for respondent
Nos. 1-36 (R-1 to R-36/private respondents). Mr. Phungyo Zingkhei, learned
State counsel, accepts notice for respondent Nos. 37 & 38(R-37 & R-38) and Mr.
L. Rajesh, learned counsel accepts notice for respondent No.39(R-39/MPSC).
[7] On behalf of Mr. S. Gunabanta, learned counsel, Mr. H.S. Paonam,
learned senior counsel, is before this Court. Learned senior counsel submits that
WP(C) No.619 of 2025 is scheduled to be listed before a Hon'ble Single Judge
tomorrow and appellants before this Court who are writ petitioners thereat have
taken out a Miscellaneous Case i.e., M.C(WP(C)) No.579 of 2025 with a prayer
for stay qua 41 (forty one) vacant posts of AAO (Assistant Agricultural Officers).
Learned senior counsel submitted that the M.C. (stay petition) before the Hon'ble
Single Judge may become otiose if the interim prayer sought for by the appellants
is granted.
[8] Mr. Phungyo Zingkhei, learned State counsel for R-37 & R-38,
submitted that the State is yet to send proposal to MPSC qua 41 posts of AAO.
Mr. L. Rajesh, learned counsel for R-39/MPSC is yet to receive proposal from the
State.
[9] However, as regards the impugned order, the State has proposed
timeline of two months for sending proposal, two months for selection and one
month for appointment (five months in all).
[10] The afore-referred third-party leave order dated 27.02.2026 in MC
(WA) No. 7 of 2026 has attained legal finality/has been given legal quietus. Inter
alia, in this view of the matter and owing to the overlap, prima-facie case has
been made out, balance of convenience is in favour of grant of stay as
appointment of AAOs pursuant to impugned order can lead to irreversible legal
injury owing to competing interest of 33 appellants on one side and R-1 to R-36
on the other side. Therefore, there will be an order of interim stay of operation
and implementation of the impugned order i.e., judgment and order dated
09.02.2026 passed in WP(C) No. 818 of 2025 pending captioned W.A. To be
noted, this is prayer limb No. (i) in captioned MC (W.A.) No.10 of 2026.
[11] This Court makes it clear that as regards WP(C) No.619 of 2025,
the same can be heard out on its own merits and in accordance with law by the
Hon'ble Single Judge untrammeled by the pendency of the captioned W.A. and
interim order which we have granted, operating. In this regard, all the learned
counsel before us very fairly agreed that they will cooperate and extend all
assistance to Hon'ble Single Bench for having the main writ petition being W.P.
(C) No. 619 of 2025 disposed of as expeditiously as the official business of the
Bench would permit, be it tomorrow, Friday or any other date as would be
convenient for the Hon'ble Single Bench. This submission which is made by
learned counsel at the Bar is recorded.
[12] List the captioned W.A and captioned M.C three weeks hence. In
the interregnum, it is open to parties to complete the pleadings in the captioned
M.C.
[13] List on 01.04.2026.
JUDGE CHIEF JUSTICE
Ab. Surjit
