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2006 DIGILAW 38 (GAU)

Lalminlun Vaiphei and Ors. v. State of Manipur and Ors.

2006-01-05

T.NANDA KUMAR SINGH

body2006
1. Heard Mr. I. Lalitkumar Singh, learned Sr. counsel assisted by Mr. S. Niranjan Singh, learned counsel appearing for the petitioners as well as Mr. R.S. Reisang, learned G.A. appearing for the respondents. 2. Considering the subsequent development by issuance of the Govt. order No.1/15/2000-FC dated 19.6.2002 for partial modification of the order of the Govt. of Manipur dated 19.3.2001, this writ petition is taken up for final disposal at this stage. 3. The petitioners 18 in number filed the present joint writ petition basing on the fact that they were eligible for appointment to the post of Section Officer-II in the Electricity Department, Govt. of Manipur according to the relevant recruitment rules for the post of Section Officer framed by the Governor of Manipur in exercise of his powers conferred upon him by the proviso to Article 309 of the Constitution of India. It is said that on the recommendation of the duly constituted DPC held on 1.3.1989 for appointment to the post of Section Officer-II in the Electricity Department, Govt. of Manipur they were appointed under different officer orders issued from the Month of July to 12th October, 1999. The said office orders for appointing the petitioners to the post of Section Officer-II on the recommendation of the duly constituted DPC are available at Annexures-A/1 to A/16. After the petitioners had been appointed regularly to the post of Section Officer-II in the Electricity Department, Govt. of Manipur, the Government of Manipur had taken a policy decision for terminating the services of all the employees who were appointed subsequent to 19.4.1999 by issuing an order being No.1/15/2000-FC dated 19th March, 2001, a copy of the said order of the Govt. of Manipur dated 19.3.2001 is available at Ananexure-A/18 to the writ petition. 4. Since the petitioners were appointed as regular Section Officer-II on the recommendation of the duly constituted DPC from the month of July 1999 to 12th October, 1999 they had the apprehension that they are likely to be terminated under the said order of the Govt. of Manipur dated 19.3.2001 under which all the appointments/employees appointed subsequent to 19.3.1999 will be terminated. Hence, the present writ petition. 5. This court by passing an interim order dated 28.3.2001 in the present writ petition had stayed the order of the Govt. of Manipur dated 19.3.2001 so far as the petitioners are concerned. of Manipur dated 19.3.2001 under which all the appointments/employees appointed subsequent to 19.3.1999 will be terminated. Hence, the present writ petition. 5. This court by passing an interim order dated 28.3.2001 in the present writ petition had stayed the order of the Govt. of Manipur dated 19.3.2001 so far as the petitioners are concerned. While the present writ petition is pending both the parties submit that the Govt. of Manipur had issued the said subsequent order dated 19.6.2002 under which the cut off date, i.e. 19.4.1999 mentioned in the said order of the Govt. of Manipur dated 19.3.2001, had been changed to 6.11.1999. In other words, the said order of the Govt. of Manipur dated 19.3.2001 shall be applicable to the government employees who were appointed subsequent to 6.11.1999 only. As stated, since the petitioners had been appointed earlier to 6.11.1999 their services will not be terminated under the said policy decision of the Govt. of Manipur under the order dated 19.3.2001. 6. Taking into consideration of the submissions of the learned counsel of both the parties and also on perusal of the Govt. order No.1/15/2000-FC dated 19.6.2002 this writ petition is disposed of with the simple direction that the services of the petitioners shall not be terminated under the said order of the Govt. of Manipur dated 19.3.2001. 7. With the above observation and direction, this writ petition is allowed. No costs.