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2015 DIGILAW 86 (MAN)

Shamurailatpam Sanjoy Sharma v. State of Manipur and Ors.

2015-05-29

KH.NOBIN SINGH

body2015
JUDGMENT Kh. Nobin Singh, J. 1. Heard Shri N. Ibotombi, learned Sr. Advocate assisted by Shri A. Rommel, learned counsel appearing for the petitioner; Shri K. Jagat, learned Govt. Advocate and Shri Y. Nirmolchand, learned counsel appearing for the respondents. 2. The present writ petition has been filed by the petitioner praying for consideration of his case for regular appointment to the post of Data Assistant (Computer) in terms of the conditions provided in the relevant Recruitment Rules within a stipulated period. 3.1 According to the petitioner, he was appointed as Data Assistant (Computer) on contract basis on consolidated pay of Rs. 7,200/- per month for a period of 1 (one) year vide order dated 28-05-2014 and his contract appointment was extended thereafter. 3.2 Since the petitioner being eligible for regularisation/appointment, he submitted a representation dated 16-03-2015 to the Secretary, Council for Higher Secondary Education, Manipur with a request for consideration of his case for regular appointment to the post of Data Assistant (Computer) in terms of the Recruitment Rules. According to the petitioner, on earlier occasions, many contract employees of the said Council have been regularised in terms of the existing recruitment rules. However, the respondents have failed to consider his case. In the meanwhile, the petitioner has learned from reliable sources that the process is likely to be initiated by the respondents for direct recruitment against the post being held by the petitioner and being apprehensive that in such eventuality, he may face irreparable loss and his regularisation may be delayed due to non-availability of vacant post, the present writ petition has been filed. 4. In the counter affidavit filed on behalf of the respondent No. 3, it is not denied that the petitioner was appointed as Data Assistant (Computer) on contract basis and the only stand taken by the respondent No. 3 is that it has not initiated any process nor has it proceeded for direct recruitment for the posts of Data Assistant (Computer), LDA or Grade-IV and that the petitioners' case for absorption shall be considered along with similarly situated cases strictly in terms of the existing relevant Recruitment Rules provided he is eligible for appointment to the post of Data Assistant (Computer). An affidavit on behalf of the respondent No. 1 also has been filed wherein it is stated that since the relief sought for by the petitioner is against the respondents No. 2 and 3 being autonomous institutions, the respondent No. 1, the State Government is neither a necessary party nor a proper party in the writ petition and accordingly, it is prayed that the name of the respondent No. 1 be deleted from the array of parties. 5. The Recruitment Rules for the post of Data Assistant (Computer) under the Council provides for the method of direct recruitment as under:-- "Method of Direct Recruitment: Through a Competitive Examination. (In cases of persons engaged/contract/utilised in the Council for at least six months, their cases shall be considered as a special case provided they fulfil educational qualifications laid down above." It is indubitably clear that under the recruitment rules, the petitioner having served for more than six months on contract basis and being eligible, shall be considered as a special case for regularisation/appointment on regular basis. In other words, the petitioner is entitled to be considered for regularisation/appointment on regular basis in terms of the provisions of recruitment rules as stated above. The only thing is that the time period for doing the needful is not prescribed in the recruitment rules. It is however well settled by the Hon'ble Supreme Court that when there is no specific time period prescribed in law for doing certain things, the same shall be done within a reasonable time depending upon the facts of each case. 6. Considering the facts and circumstances of the present case and keeping in mind the provisions of the recruitment rules as regards the method for direct recruitment, this court is of the view that the present petition can be disposed of with the direction for consideration of the petitioner's case. With the above observations, the present writ petition is disposed of with the direction that the Respondent Nos. 2 and 3 shall consider the case of the petitioner as a special case for regularisation/appointment on regular basis in terms of the provisions of the recruitment rules and issue appropriate order, thereafter, within a period of six months from the date of receipt of a certified copy of this judgment and order.