Kh. Kiranmala and 2 Others v. State of Manipur and Another

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IN THE HIGH COURT OF MANIPUR AT IMPHAL

Kh. Kiranmala & 2 ors.

…Petitioner/s Vs. State of Manipur & anr.

…Respondent/s

B E F O R E HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH

24-01-2023

Heard Mr. M. Hemchandra, learned senior counsel assisted by Mr. N. Rendy, learned counsel appearing for the petitioners and Mr. S. Nepolean, learned GA appearing for the respondents. [2]

In view of the limited prayer made by the petitioners and as agreed between the learned counsel appearing for the parties, the present writ petition is disposed of at the motion stage itself. [3]

The case of the petitioners is that they have already approached this Court earlier by filing a writ petition being WP(C) No. 981 of 2022 with a prayer for directing the respondents to consider and dispose of the representation dated 31-10-2022 submitted by them by issuing a speaking order within a stipulated period. The said writ petition was allowed by this Court by passing an order dated 16-11-2022 with a direction to the respondents to consider the said representation and dispose of the same by issuing a speaking order within a period of 6(six) weeks. It has been submitted that pursuant to the said order passed by this Court, the Secretariat, Education(S) Department, Government of Manipur wrote a letter dated 05-12-2022 LAISHRAM DHAKESHORI DEVI Date: 2023.01.24 12:38:39 +05'30' Page 2

addressed to the Director of Education (S), Manipur directing to furnish necessary information about the petitioners. In response to the said letter, the Director of Education(S), Govt. of Manipur furnished the detailed information and necessary documents of the present petitioners by writing a letter dated 10-01-2023. It is the case of the petitioners that despite furnishing all the necessary detailed information, the authorities have not taken any decision with regard to the representation submitted by them. It has also been submitted that the petitioners are going to retire from service by the end of 31-01-2023 and accordingly, they have approached the concerned authorities of the Government again by submitting another representation dated 13-01-2023 with a prayer to expedite the consideration of their cases for promotion to the post of Assistant Head Master. Since the authorities have not yet taken any decision with regard to the consideration of their representation as directed earlier by this Court and since the petitioners are going to retire from service by the end of 31-01-2023, they approached this Court again by filing the present writ petition with a prayer for directing the respondents to consider the subsequent representation and to take a decision thereto within a period of 10(ten) days. [4]

Mr. S. Nepolean, learned GA appearing for the respondents submitted that he has not yet got any instruction from the authorities whether the authorities have taken a decision or not, Page 3

accordingly, he submitted that appropriate order may be passed as this Court may seem fit or proper. [5]

In view of the submissions made by the learned counsel appearing for the parties and on perusal of the records, this Court is of the considered view for the ends of justice will meet, if the present writ petition is disposed of by directing the Commissioner (Education-S), Government of Manipur and the Director of Education(S), Government of Manipur to expedite the process for consideration of the cases of the petitioners for their promotion to the next higher posts as expeditiously as possible and before their retirement. [6]

Accordingly, the present writ petition is hereby disposed of by directing the respondents to consider the cases of the petitioners for their promotion to the next higher post strictly in terms of the relevant Recruitment Rules and on the basis of the relevant final seniority list. The whole process should be completed within a period of 2(two) weeks from today since the authorities have already initiated the process. [7]

With the aforesaid directions, the present writ petition is disposed of.

JUDGE

Dhakeshori