Irom (O) Shamila Yumnam and Ors. v. State of Manipur and Ors.
2015-05-29
KH.NOBIN SINGH
body2015
DigiLaw.ai
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. Both the writ petitions are similar on facts and accordingly, the same are being disposed of by this common judgment and order. 3. The present writ petitions have been filed by the petitioners praying for consideration of their cases for regular appointment to the post of Grade-IV (Peon) in terms of the conditions provided in the relevant Recruitment Rules within a stipulated period. 3.1 According to the petitioners, both of them were appointed as Grade-IV (Peons) on contract basis on consolidated pay of Rs. 5,740/- per month for a period of 6 (six) months vide orders dated 19-10-2013 and 04-08-2014 respectively and their contract appointments were extended from time to time by issuing appropriate orders. 3.2 Since the petitioners being eligible for regularisation/appointment, they submitted representations dated 11-03-2015 to the Secretary, Council for Higher Secondary Education, Manipur with a request for consideration of their cases for regular appointment to the post of Grade-IV in terms of the Recruitment Rules. According to the petitioners, 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 their cases. In the meanwhile, the petitioners have learned from reliable sources that the process is likely to be initiated by the respondents for direct recruitment against the posts being held by the petitioners and being apprehensive that in such an eventuality, they may face irreparable loss and their regularisations may be delayed due to non-availability of vacant posts, the present writ petitions have been filed by them. 4. In the counter affidavit filed on behalf of the respondent No. 3, it is not denied that the petitioners were appointed as Grade-IV (Peon) 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 LDA or Grade-IV and that the petitioners' cases for absorption shall be considered along with similarly situated cases strictly in terms of the existing relevant Recruitment Rules provided they are eligible for appointment to the post of Grade-IV (Peon).
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 petitioners 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 petitions 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 Grade-IV (Peon) under the Council provides for the method of direct recruitment as under:-- "Method of Direct Recruitment: Through a Interview/Viva-Voce. (However in cases of persons engaged/contract/utilised in the Council for at least six months and having satisfactory records of performance in the Council, their cases shall be considered as a special case for regularisation/appointment provided they fulfil conditions prescribed for direct recruits." It is indubitably clear that under the recruitment rules, the petitioners 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 petitioners are 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 cases 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 petitions can be disposed of with the direction for consideration of the petitioners' cases.
6. Considering the facts and circumstances of the present cases 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 petitions can be disposed of with the direction for consideration of the petitioners' cases. With the above observations, the present writ petitions being W.P (C) No. 253 of 2015 and W.P (C) No. 250 of 2015 are disposed of with the direction that the Respondents No. 2 and 3 shall consider the cases of the petitioners as a special case for regularisation/appointment on regular basis in terms of the provisions of the recruitment rules and issue appropriate orders, thereafter, within a period of six months from the date of receipt of a certified copy of this judgment and order.