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2006 DIGILAW 646 (GAU)

Thounaojam Memchoubi Devi v. State of Manipur and Anr.

2006-07-19

T.NANDA KUMAR SINGH

body2006
1. Heard Mr. Roshini Piba, learned counsel appearing on behalf of the petitioner as well as Mr. N. Ibotombi Singh, learned standing counsel appearing for the respondent no.2 and Mr. Th. Ibohal Singh, learned G.A. for the respondents 1. 2. Taking into consideration of the nature of this case, this court is of the considered view that there is no point in lingering the present writ petition. Such being the situation the writ petition is taken up for disposal at this admission stage. 3. The succinct fact of the petitioner's case is that the petitioner was engaged/appointed as Muster Roll L.D.C. in the Directorate of Horticulture and Soil Conservation, Govt. of Manipur as early as 16.10.1990. It is said that since 16.10.1990, petitioner has been continuing to serve as Muster Roll L.D.C. 4. The petitioner and eight others by filing a joint writ petition being C.R.No.281 of 1996 had approached this court for a direction to the respondents to consider their Muster Roll services as L.D.C. for regularization. By a judgment and order of this court dated 5.2.1997 the said C.R.No.281 of 1996 had been disposed of with the following terms: “ These 9 petitioners whose particulars are found at para No.1 of the writ petition have approached this court for giving a direction to the respondents to regularize their services in their respective posts of Grade-III(LDC) on the ground that they have been serving for the period from 4 - 10 years or more. The learned Government Advocate has submitted that the petitioners cannot claim for regularization as of right but their cases only be “considered” for regularization as per rules. I have also considered the circumstances of the case and it is accordingly ordered that the case of the petitioners for regularization be considered along with the cases of other similarly situated persons in the department, if any, as and when vacancy arises. This petition is accordingly disposed of.”. 5. After the said C.R.No.281 of 1996 had been disposed of by this court by passing the final judgment and order dated 5.2.1997, the Under Secretary, Department of Horticulture & Soil Conservation under his letter dated 1st April, 1997 sent a proposal to the Director of Horticulture & Soil Conservation, Manipur for holding the DPC but no DPC could be held for the reasons best known to the respondents. 6. 6. Having no alternative, the petitioner again approached this court by filing the present writ petition praying for a direction to the respondents to regularize the service of the petitioner against the available vacant posts of LDC in the Department of Horticulture & Soil Conservation, Govt. of Manipur by taking into consideration of the long continous service of the petitioner as muster roll L.D.C. in terms of the earlier order of this court dated 5.2.1997 passed in C.R.No.281 of 1996. Mr. N. Ibotombi Singh, learned standing counsel for the respondent no. 2 submits that because of the recent decision of the Apex Court in Secretary, State of Karnataka & Ors - vrs - Umadevi & Ors: AIR 2006 SC 1806 relief sought for in the present writ petition could not granted by this court. But the learned counsel for the petitioner submits that since steps have already been taken for holding the DPC for appointment to the post of LDC in the Directorate of Horticulture and Soil Conservation, Govt. of Manipur, the petitioner may be allowed to appear in the ensuring DPC by relaxing the maximum age limit for the period she rendered her services as muster roll L.D.C. Mr. Ibotombi Singh, learned counsel in his usual frankness submits that the upper age limit of the petitioner may be relaxed to the extend she rendered her services as muster roll L.D.C. 7. The learned counsel for the petitioner submits that in the event of removal of the muster roll L.D.C. the accepted principle of ' first come last go' should be followed. 8. Accordingly, taking into consideration of the submission of the learned counsel of both the parties, this writ petition is disposed of by directing the respondents to allow the petitioner to appear before the DPC as and when held for appointment to the vacancies in the post of LDC in the Directorate of Horticulture and Soil Conservation, Govt. of Manipur. It is made clear that the upper age limit of the petitioner for appointment to the post of LDC shall also be relaxed to the extent period the petitioner had served as muster roll LDC. of Manipur. It is made clear that the upper age limit of the petitioner for appointment to the post of LDC shall also be relaxed to the extent period the petitioner had served as muster roll LDC. It is also made clear that if the muster roll LDCs including the present petitioner who are now serving in the Directorate of Horticulture and Soil Conservation Department, if at all, necessary, required to be removed, the respondents should follow the principle of 'first come last go'. 9. With the above observation and direction, this writ petition is disposed of. 10. Interim order, if any, shall stand vacated.