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2021 DIGILAW 79 (MAN)

Md. Ayajuddin v. State of Manipur

2021-11-15

AHANTHEM BIMOL SINGH

body2021
JUDGMENT [1] Heard Mr. N. Jotendro, learned senior counsel appearing for the petitioners, Mr. RK. Umakanta, learned Government Advocate (GA) appearing for the respondents and Mr. M. Devananda, learned counsel appearing for the applicants in the connected miscellaneous application. [2] The present writ petition had been filed with the prayer for quashing and setting aside the impugned notification dated 10.03.2021 issued by the Chairperson, Selection and Appointment Committee of FPS Agents/ Deputy Commissioner (DC), Thoubal inviting applications for appointment of 45 FPS Agents-Cum-S.K Oil Sub-Dealers of Lilong A/C of Thoubal District for a period of 1 (one) year from 01.04.2021 up to 31.03.2022 and for directing the respondents to allow the petitioners to continue as FPS Agents-Cum-SK Oil Sub-Dealers in respect of Lilong A/C. [3] The facts of the present case in a nutshell is that the present petitioners, 45 in numbers, were initially appointed as Fair Price Shop (FPS) Dealers/ S.K Oil Sub-Dealers in respect of 45 (forty five) FPS locations under Lilong area w.e.f. 18.05.2017 till 31.03.2019 by an order dated 18.05.2017 issued by the D.C., Thoubal, the respondent No. 3 herein. [4] After expiry of the term of their earlier appointment, the petitioners were again appointed as FPS Agents-Cum- S.K Oil Sub-Dealers in respect of 45 FPS Centres in respect of Lilong A/C for a period of 01.07.2019 up to 31.03.2021 in pursuance of the recommendations of the selection and appointment committee meeting held on 13.09.2019. [5] The Government of Manipur issued an order bearing No. 11/1/90- FCS/Pt. II dated 14.12.2011 issuing a revised guidelines for revamping of the public distribution system for the State of Manipur and also for selection and appointment of Fair Price Shop Dealers. In Para No. 8 E and F of the said revised guidelines, it is provided that – “8. E. Advertisement shall be invited for fresh appointments of FPSs and S.K. Oil Sub-dealers as per the guidelines given herein. All fresh appointment shall be completed by all DCs/ADCs (Kangpokpi and Jiribam) by 31st March, 2013. In Para No. 8 E and F of the said revised guidelines, it is provided that – “8. E. Advertisement shall be invited for fresh appointments of FPSs and S.K. Oil Sub-dealers as per the guidelines given herein. All fresh appointment shall be completed by all DCs/ADCs (Kangpokpi and Jiribam) by 31st March, 2013. “F. FPS agents and S.K. Oil sub-dealers shall be appointed for a period of two years initially which may be extended by one year depending on the performance reports given by the Panchayat/Municipal/Village Level Vigilance Committee for TPDS and based on the recommendations of the Selection and Appointment Committee of Fair Price Shop Dealers and S.K. Oil Sub- Dealers.” [6] As the period of appointment of the FPS Agents-Cum-S.K. Oil subdealers of 6 A/Cs, Thoubal District, including the present petitioners was going to expire on 31.03.2021 and as provided under Para 8 F of the aforesaid revised guidelines, the D.C., Thoubal District issued a notification dated 15.02.2021 notifying to all concerned FPS Agents-Cum-S.K. Oil Sub- Dealers of 6 Assembly Constituencies of Thoubal District to submit their performance report to the Office of the DSO, CAF & PD, Thoubal on or before 28.02.2021 for initiating process for extension of their appointments. [7] Pursuant to the said notification dated 15.02.2021 issued by the DC, Thoubal, all the FPS Agents-Cum-S.K. Oil Sub-Dealers of 5 Assembly Constituencies, viz., Heirok A/C, Wangkhem A/C, Khangabok A/C, Thoubal A/C and Wangjing Tentha A/C, submitted their performance reports. However, all the petitioners, who are the FPS Agents-Cum-S.K. Oil Sub- Dealers of Lilong A/C, did not submit their performance certificate in time. [8] The meeting of the Selection of Appointment Committee of Fair Price Shop-Cum-S.K. Oil Sub-Dealers of Thoubal District (hereinafter referred to as Selection Committee for short) was held on 08.03.2021 at 2 p.m. and the Selection Committee after scrutinizing the relevant reports of all the FPS Agents and S.K. Oil Sub-Dealers of the aforesaid 5 Assembly Constituencies unanimously decided for extension of the period of their appointment for 1 year w.e.f. 01.04.2021 to 31.03.2022. However, in respect of Lilong A/C, the Selection Committee decided that the appointment of FPS Agents-Cum-S.K Oil Sub-Dealers for Lilong A/C will be done afresh as the petitioners have not submitted their performance reports. However, in respect of Lilong A/C, the Selection Committee decided that the appointment of FPS Agents-Cum-S.K Oil Sub-Dealers for Lilong A/C will be done afresh as the petitioners have not submitted their performance reports. [9] Pursuant to the aforesaid decisions taken by the Selection Committee of Thoubal District in its meeting held on 08.03.2021, the period of appointment of the FPS Agents-Cum-S.K. Oil Sub-Dealers of the aforesaid 5 Assembly Constituencies of Thoubal District were extended for a period of 1 year by issuing necessary orders. In respect of Lilong A/C, the Chairperson of the Selection Committee issued the notification dated 10.03.2021 inviting applications from interested and eligible individuals/bodies for appointment of 45 FPS Agents-Cum-S.K. Oil Sub- Dealers of Lilong A/C of Thoubal District for a period of 1 year w.e.f. 01.04.2021 up to 31.03.2022. In the said notification, it is also mentioned that the existing FPS Agents will continue the function of distribution of PDS items till the process of new appointment is completed. Feeling aggrieved by issuance of the said notification, the petitioners have filed the present writ petition assailing the same and by an interim order dated 17.03.2021 passed by this Court in the present writ petition, the impugned notification dated 10.03.2021 was suspended. It will be pertinent to mention here that during the pendency of the present writ petition, the D.C., Thoubal issued 2(two) orders dated 03.05.2021 and 29.07.2021 extending the tenure of the FPS Agents of Lilong A/C for 6(six) months w.e.f. 01.04.2021 to 30.09.2021 in the public interest and to avoid lapses of monthly quota. [10] The plea taken by the petitioners in their writ petition is that they submitted their performance report to the D.C., Thoubal on 15.03.2021 and 6 (six) petitioners out of the present 45 petitioners obtained copies of their performance certificate duly acknowledged by the Office of the D.C., Thoubal and copies of the said 6(six) certificates are enclosed by the petitioners as Annexure A/3 (Series) in their writ petition and that despite submission of their performance reports, the competent authorities did not considered their cases for extension of their appointment without assigning any reasons, rather the authorities issued the impugned notification dated 10.03.2021 in violation of the earlier notification dated 15.02.2021. [11] The respondent No. 3 explained its counter affidavits that none of the FPS Agents of Lilong A/C submit their performance report despite issuance of the notification dated 15.02.2021 notifying to all the existing FPS Agents- Cum-S.K. Oil Sub-Dealers of the 6 A/Cs of Thoubal District to submit their performance report to the Office of the DSO, CAF & PD, Thoubal on or before 28.02.2021 for initiation of process for extension of their appointments and that due to non-submissions of performance report of the FPS Agents of Lilong A/C, Selection Committee did not extend the period of their appointment and the Deputy Commissioner, Thoubal had to issue the impugned notification for appointment of fresh FPS Agents in the public interest to avoid lapse of monthly quota of NFSA rice so that the beneficiaries should not suffer. [12] After filing of the said counter affidavits by the respondent No. 3, the petitioners took altogether a new plea in their rejoinder affidavit that the FPS Agents of the other 5(five) A/Cs of Thoubal District might have been communicated the notification dated 15.02.2021, however, the said notification was neither furnished nor communicated to any of the FPS Agents of Lilong A/C and that they came to know the existence of the said notification dated 15.02.2021 only when Inspector of CAF & PD posted at DSO, Thoubal informed one of the petitioners over phone only on 10.03.2021. Thereafter, on receiving such informations, the petitioners submitted their performance report to the D.C., Thoubal on 15.03.2021. It has also been stated by the petitioners in their rejoinder affidavit that the DSO, CAF & PD, Thoubal also submitted the performance report in respect of all the petitioners duly counter signed by the SDO, Lilong to the Office of the DC, Thoubal on 31.03.2021. [13] When this Court directed the respondent No. 3 by an order dated 06.07.2021 to file a short affidavit stating the factum about the number of performance certificates received and date on which the same were received in respect of the present petitioners, the respondent No. 3 filed an additional affidavit on 09.07.2021. [13] When this Court directed the respondent No. 3 by an order dated 06.07.2021 to file a short affidavit stating the factum about the number of performance certificates received and date on which the same were received in respect of the present petitioners, the respondent No. 3 filed an additional affidavit on 09.07.2021. In the said additional affidavit, the respondent No. 3 stated that the Office of the D.C., Thoubal received the performance report in respect of 6(six) petitioners on 15.03.2021 and in respect of the remaining writ petitioners on 08.03.2021, however, no performance report in respect of the petitioners was received prior to the meeting of the Selection Committee held on 08.03.2021 at 2 p.m. In response to the said additional affidavit, the petitioners filed an additional affidavit on 13.07.2021 and in the said affidavit, the petitioner took altogether a new plea and stated that the performance report of the FPS Agents of Thoubal A/C and Wangjing Tentha A/C were submitted only on 08.03.2021 and in their case, the authorities issued extension orders for 1 year and accordingly, discriminatory treatment have been meted out to the petitioners. [14] Mr. N. Jotendro, learned senior counsel appearing for the petitioners submitted that as the authorities did not communicate or inform the petitioners about issuance of the notification dated 15.02.2021 and as the petitioners have no knowledge or information about the said notification in time, they could not submit their performance certificate on or before 28.02.2021 as directed under the said notification dated 15.02.2021. However, on having knowledge of the said notification dated 15.02.2021, the petitioners submitted their performance certificate after 28.02.2021. It has been submitted by the learned senior counsel that the petitioners could not submit their performance report in time as they were not informed by the authorities about issuance of the said notification and because of such lapses on the part of the authorities, the petitioner has been condemned unheard and the action of the authorities in refusing to extend the period of appointment of the petitioners without informing the petitioners about the issuance of the notification dated 15.02.2021 amounts to violation of principle of natural justice and accordingly, the impugned notice dated 10.03.2021 is liable to be quashed and set aside. In support of his contentions, the learned senior counsel relied on the judgment rendered by the Apex Court in the case of “S.L. Kapoor v. Jagmohan” reported in (1980) 4 SCC 379 : 1980 Legal Eagle (SC) 404 (Paras 24 to 26). It has further been submitted that the act of the authorities in extending the period of appointment of the FPS Agents of Thoubal A/C and Wangjing Tentha A/C while refusing to extend the period of appointment of the petitioners even though they submitted their performance report on the same date, i.e., on 08.03.2021, are discriminatory and is violative of the equality clause enshrined under Article 14 of the Constitution of India. [15] Mr. RK. Umakanta, learned GA appearing for the respondents submitted that the petitioners did not submit their performance certificates in time despite issuance of the notification dated 15.02.2021 as clearly reflected in the proceedings of the Selection Committee meeting held on 08.03.2021 and due to non-submission of their performance certificate, the authorities could not extend the period of appointment of the petitioners as such extension can only be given on the basis of their performance reports as provided under Para 8 F of the revised guidelines dated 14.12.2012. It has also been submitted that since the authorities did not received any performance report in respect of the FPS Agents of Lilong A/C, the authorities decided to take up process for fresh appointment of FPS Agents of Lilong A/C in the interest of public and to avoid lapses of monthly quata of NFSA rice so that the beneficiaries should not suffer. [16] The learned GA also submitted that the pleas taken by the petitioners in their rejoinder affidavits and additional reply affidavit that they could not submit their performance certificate on time as they have no information or knowledge about issuance of the said notification and that they have been treated discriminatorily with the FPS Agents of Thoubal and Wangjing Tentha A/C, are nothing but an after thought, designed to confuse and misled this Court. The original plea taken by the petitioners in their writ petition is that they submitted their performance report to the Office of the DC, Thoubal on 15.03.2021 and the same had been submitted after they received information about the issuance of the notification dated 15.02.2021 on 10.03.2021 from one Inspector of CAF & PD posted at DSO, Thoubal. The original plea taken by the petitioners in their writ petition is that they submitted their performance report to the Office of the DC, Thoubal on 15.03.2021 and the same had been submitted after they received information about the issuance of the notification dated 15.02.2021 on 10.03.2021 from one Inspector of CAF & PD posted at DSO, Thoubal. However, only after a report submitted by the respondent No. 3 to this Court as directed by this Court to the effect that in respect of 6 petitioners, their reports were received on 15.03.2020 and in respect of the remaining petitioners on 08.03.2021, the petitioners completely change their stand and alleged that they have been treated discriminatorily with the FPS Agents of Thoubal and Wangjing Tentha A/C. It has been further submitted that the petitioners did not approached this Court with clean hands and clean heart, inasmuch as, they have concealed material facts and presented incorrect facts with a ulterior motives of misdirecting this Court and accordingly, the present writ petition is not maintainable and deserves to be dismissed outright. In support of his contentions, the learned GA relied on the judgment of the Apex Court in the case of “Kishore Samrite v. State of U.P.” reported in (2013) 2 SCC 398 : 2012 Legal Eagle (SC) 546 (Para 32, 34 to 38). [17] Mr. M. Devananda, learned counsel appearing for the applicants in the connected MC(WP(C)) No. 92 of 2021 endorse and reiterated the submissions advanced by Mr. RK. Umakanta and cited the following judgment of the Hon’ble Apex Court:- (i) (2007) 8 SCC 449 : 2007 Legal Eagle (SC) 934 “Prestige Lights Ltd. v. State Bank of India” (Paras 12 to 15, 19 and 33); (ii) (2008) 12 SCC 481 : 2008 Legal Eagle (SC) 903 “K.D. Sharma v. Steel Authority of India Ltd.” (Paras 34). [18] Under Para 8 E of the revised guidelines issued by the Government under its order dated 14.12.2012, it is provided that advertisement shall be issued for fresh appointments of FPSs and S.K. Oil Sub-Dealers and all fresh appointment shall be completed by all the D.Cs by 31st March. [18] Under Para 8 E of the revised guidelines issued by the Government under its order dated 14.12.2012, it is provided that advertisement shall be issued for fresh appointments of FPSs and S.K. Oil Sub-Dealers and all fresh appointment shall be completed by all the D.Cs by 31st March. Under Para 8 F of the said revised guidelines, it is provided that FPS Agents and S.K. Oil Sub-Dealers shall be appointed for a period of 2 years initially which may be extended by 1 year depending on their performance report and based on the recommendations of the Selection Committee. [19] In the present case, the petitioners were initially appointed on 18.05.2017 as FPS Agents/S.K. Oil Sub-Dealers of Lilong A/C for a period of 2 years. After expiry of the period of their first appointment, the petitioners were again appointed as FPS/S.K. Oil Sub-Dealers of Lilong A/C by an order dated 13.09.2019 for another period of 2 years w.e.f. 01.07.2019 up to 31.03.2021. As the period of their second appointment was going to expire on 31.03.2021, the D.C., Thoubal issued a notification dated 15.02.2021 notifying to all the FPS Agents of 6 A/Cs of Thoubal District including the present petitioners to submit their performance report to the concerned office of DSO, CAF & PD, Thoubal on or before 28.02.2021 for initiating the process for extension of their appointments in terms of Para 8 F of the aforesaid revised guidelines. [20] It is undeniably and undisputedly on record that the petitioners did not submit their performance report on or before 28.02.2021 or even before the Selection Committee held its meeting on 08.03.2021 at 2 p.m. In view of the above, the Selection Committee could not extend the period of appointment of the petitioners as such extension is to be given on the basis of their performance report. Moreover, as the Selection Committee did not receive any performance report of the petitioners, they took the decision for making fresh appointments of FPS Agents/ S.K. Oil Sub-Dealers in respect of Lilong A/C afresh in public interest and to avoid lapses of monthly quota of NFSA rice. In view of the above facts and circumstances, this Court did not find any irregularity or illegality being committed by the Selection Committee and in issuing the impugned notification dated 10.03.2021 and this Court is not inclined to interfere with the said impugned notification. In view of the above facts and circumstances, this Court did not find any irregularity or illegality being committed by the Selection Committee and in issuing the impugned notification dated 10.03.2021 and this Court is not inclined to interfere with the said impugned notification. In the result, the present writ petition is dismissed. However, without any costs. [21] Interim order passed earlier stands vacated.