Dhan Prasad Dahal and 3 Others v. State of Manipur and Another

Order

29.02.2024 [1]

Heard Mr. M. Hemchandra, learned senior counsel assisted by Ms. M. Rinika, learned counsel for the petitioners and Mr. Th. Sukumar, learned G.A. for the State respondent. [2]

The case of the petitioners is that they are working as Forest Guard on casual basis since 1990 & 1992 and their services were regularized vide order dated 27.04.2021 in compliance of the order dated 04.03.2019 passed by this Court in WP(C) No. 188 of 2019 whereby regularization is to be effective from the date of appointing to their respective post. [3]

The petitioners submitted a common representation dated 20.12.2022 to the Principal Chief Conservator of Forests & HoFF, Government of Manipur for extension of past service for the

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purpose of pensionary and retiral benefits. It is stated that the representation is still pending. [4]

Subsequently, the Deputy Secretary (Forests, Envt. & CC), Government of Manipur issued an order dated 28.03.2023 whereby retiral and pensionary benefits to be extended to 256 members whose services were regularized in terms of the order dated

29.09.1997 in C.R. No. 523 of 1995 passed by erstwhile Imphal Bench of the Gauhati High Court and subsequent order dated 02.04.2019 in WP(C) No. 179 of 2018 and order dated 06.11.2019 in WP(C) No. 489 of 2019 passed by this Court. In the said order, the past services of the 256 members will be counted notionally from the date of initial engagement as casual/muster roll employees for the purpose of retiral and pensionary benefits, without claiming any financial benefits. [5]

Thereafter, the petitioners submitted a reminder dated

14.09.2023 in pursuance to the earlier representation for considering their case. [6]

By the present writ petition, the petitioners are claiming benefit of the order dated 28.03.2023 issued by the Government of Manipur in pursuance to the earlier Court's order. [7]

At this stage, Mr. M. Hemchandra, learned senior counsel for the petitioners, submits that the writ petition may be disposed of by issuing a direction to the respondents to consider the representation dated 20.12.2022 and reminder dated 14.09.2023 in light of the judgment.

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[8]

Mr. Th.Sukumar, learned G.A. for the State respondent, submits that writ petition may be disposed of by issuing an innocuous direction to the respondents to pass a speaking order on the representation submitted by the petitioners and without expressing any opinion on the merit of the case. [9]

Recording the submissions made at the bar, writ petition is disposed of with a direction to the respondents to disposed of the representation dated 20.12.2022 and reminder dated 14.09.2023 by a speaking order within a period of 2 (two) months from the date of receipt of a copy of this order as per Rule. [10]

It is made clear that this Court does not express any opinion on the merit of the case. [11]

Furnish a copy of this order to the learned counsel appearing for all the parties for information.

JUDGE

Kh. Joshua Maring

KH. JOSHUA MARING Date: 2024.03.01 17:01:45 +05'30'

Page 1 Item No. 2-3 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 148 of 2024 with MC(WP(C) No. 118 of 2024 Dhan Prasad Dahal & 3 Ors. …..Petitioner/s - Versus – State of Manipur & Anr. .... Respondent/s BEFORE HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA