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2006 DIGILAW 224 (GAU)

Leishangthem Rashbihari and Ors. v. Chief Secretary/Commissioner (DP) Government of Manipur and Ors.

2006-03-07

T.NANDA KUMAR SINGH

body2006
Heard Mr. H.S. Paonam, learned counsel for the petitioners, Mr. Jalal Uddin, learned GA for the respondent No. 1 as well as Mr. N. Ibotombi, learned counsel for respondent Nos. 2 and 3. [2] Taking into consideration of the submission of learned counsel for the petitioners, this writ petition is taken up for disposal at this stage. [3] Out of many reliefs are sought for in the present writ petition the learned counsel for the petitioner submits that the petitioners are not pressing the relief such as direction to the respondents to consider the case of the petitioners for allowing to continue to work as FA/equivalent and if necessary by holding a special selection test for testing the suitability exclusively for petitioners and other in service candidates prior to consideration of any fresh candidates in pursuance to the Office Memorandum dated 24.9.2005 and that the only relief praying in the present petition is that a direction may be made to the respondents to pay the pay and allowances of the petitioners for the period they had rendered their services. The said relief sought for in the present writ petition is based on the fact that the petitioners were appointed on ad hoc basis as Field Assistant in the Department of Horticulture and Soil Conservation, Government of Manipur under order of the Director of Horticulture and Soil Conservation, Government of Manipur dated 7.6.1999 for a period of 6 (six) months w.e.f. 7.6.1999 or till the posts are filled up on regular basis whichever is earlier subject to the verification of Educational qualification certificate, Medical fitness certificate and Police verification report. After due police verification as well as verification of educational certificate the petitioners joined as FAs on 2 ad hoc basis under the department of Horticulture & Soil Conservation, Government of Manipur in pursuance of the appointment order dated 7.6.1999. [4] It is also further case of the petitioners that the term of ad hoc appointment of the petitioners as FA had been extended from time to time. [4] It is also further case of the petitioners that the term of ad hoc appointment of the petitioners as FA had been extended from time to time. The last extension order was issued on 12.09.2000 under which the term of ad hoc appointment of the petitioners had been extended upto 31.12.2000 [5] It is said that when the petitioners are working as FA on ad hoc basis they had approached this court by filing a joint writ petition being WP(C) No.623 of 2000 against the present respondents for a direction to fill up the posts of FA against which they are appointed on ad hoc basis on regular basis. This court by passing judgment and order dated 25.5.2000 had disposed of the said writ petition No.623/2000 with the observation and direction that: “In the result, this petition is disposed of with the direction that the petitioners shall be allowed to continue in their respective posts held by them until the said posts are filled up on regular basis. Further, as the writ petitioners have already been employed for some time, it will be fair if some weightage is allowed to them at the time of holding regular DPC inasmuch as they have gained some experience in the work.” Copy of the said judgment and order of this court dated 25.05.2000 is available at Annexure A/13 to the present writ petition. [6] Mr. N. Ibotombi, learned counsel for the respondent nos.2 and 3 submits that an appeal has been preferred against the judgment and order of this court dated 25.5.2000 passed in WP© No.623/2000. He fairly submits that the said appeal has not yet been admitted. [7] Learned counsel for the petitioner, in order to substantiate the case of the petitioners that the petitioners are still continuing as ad hoc FAs, has drawn attention of this court to the utilization certificate dated 15th July, 2005 issued by the Director, Horticulture & Soil Conservation, Manipur to the effect that the petitioners are still working as ad hoc Field Assistants. The said utilization certificate dated 15th July, 2005 reads as follows: “GOVERNMENT OF MANIPUR DEPARTMENT OF HORTICULTURE & SOIL CONSERVATION, MANIPUR CERTIFICATE OF UTILIZATION Certified that the following incumbents listed below with their place of posting were appointed as Field Assistant (F.A) under Hort & Soil Conservation Department. They are working till date as per Court's Order. The said utilization certificate dated 15th July, 2005 reads as follows: “GOVERNMENT OF MANIPUR DEPARTMENT OF HORTICULTURE & SOIL CONSERVATION, MANIPUR CERTIFICATE OF UTILIZATION Certified that the following incumbents listed below with their place of posting were appointed as Field Assistant (F.A) under Hort & Soil Conservation Department. They are working till date as per Court's Order. Sl.No. Name of incumbent Place of posting L. Rashbihari Singh Directorate Office, Sanjenthong 2. Seikhomang Kipgen (ST) Soil Cons.Officer, Kangpokpi 3. Md.Abdul Wahid Dy.Director(SS), Mantripukhri 4. N.Rabikumar (SC) Dist Officer (HSC), Thoubal 5. G.Soniya Devi Dist Officer (HSC), Bishnupur 6. LhingmeichongKipgen DistOfficer (HSC), (ST) Churachandpur 7. Y.Jamuna Devi DistOfficer (HSC), Bishnupur 8. LhingkhomangHaokip (ST) Dist Officer (HSC), Churachandpur 9. H.Boyai Singh Dist Officer (HSC), Thoubal 10. L.Tuleswor Singh Dy.Director(SS), Mantripukhri 11. Md.Tajuddin Khan Dist Officer (HSC), Chandel 12. Seingam Haokip(S) Soil Cons.Officer, Kangpokpi 13. R.K.Moti Devi Dist.Officer (HSC), Thoubal 14. Seikhohai Haokip Soil Cons.Officer, Kangpokpi 15. Ksh Aruni Devi (SC) Dist Officer (HSC), Thoubal 16. R.K.Arunkumar Singh D.S.C.O (IPP), Mantripukhri. Imphal, the 15th July,2005 Sd.Kh.Kiran Kumar, Director, Horticulture & Soil Conservation, Manipur.” [8] According to the petitioners even though they are continuing to work on ad hoc as FA they are not getting their pay and allowances w.e.f. 1.7.2001 till date and such being the situation, the learned counsel for the petitioners prays for a direction to the respondents to pay the pay and allowances of the petitioners for the period they had rendered their services as ad hoc FA. In this regard, learned counsel for the petitioner further submits that even after the 4 utilization certificate issued by the Director, Horticulture & Soil Conservation, Manipur dated 15th July, 2005 the respondents may hold an inquiry, if necessary as to whether or not the petitioners are still working as ad hoc FA without any break continuously w.e.f July, 2001 till date. [9] Taking into consideration of the submission of learned counsel of both the parties as well as perusal of the utilization certificate dated 15th July, 2005 issued by the Director of Horticulture & Soil Conservation, Manipur this writ petition is disposed of by directing the respondents to hold an inquiry as to whether or not the petitioners are still continuing to serve as ad hoc FA since July, 2001 keeping in view of the said utilization certificate dated 15th July, 2005 issued by the Director, Horticulture & Soil Conservation, Manipur. And in case, the petitioners are found to have been serving as ad hoc FA their pay and allowances should be paid for the period they had rendered their services. [10] This writ petition is disposed of taking into consideration of the right of the petitioners guaranteed under Article 23 of the Constitution of India. It is made clear that the whole exercise should be completed within a period of 5 (five) months from the date of receipt of certified copy of this order. With the above observation and direction, the writ petition is allowed. Parties are to bear their own costs.