Thingujam Jitendro Singh v. State of Manipur and Another

Item No. 37 IN THE HIGH COURT OF MANIPUR AT IMPHAL

WP(C) No. 232 of 2024

Thingujam Jitendro Singh

Petitioner Vs.

State of Manipur & Anr

Respondents

BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH

30.04.2025

Heard Mr. I. Denning, learned counsel appearing for the petitioner and Mrs. L. Monomala, learned GA appearing for the respondents. The case of the petitioner is that pursuant to an advertisement dated 07.05.2013 for recruitment against 84 post of Assistant Engineer in different departments by way of direct recruitment, the petitioner apply for one of the post and he was subsequently appointed as Assistant Engineer in the Water Resource Department, Manipur by order dated

09.02.2022 issued by the Commissioner (WR), Govt. of Manipur. As the other persons who are similarly situated with the petitioner were appointed w.e.f. 16.09.2014 by ignoring the case of the petitioner, the petitioner approach the authorities by submitting representation for his appointment as Assistant Engineer w.e.f from the date other selected candidates similarly situated with him were appointed. When the LUCY GURUM AYUM by LUCY GURUMAYUM Date: 2025.05.02 12:25:27 +05'30'

authorities did not consider the request made by the petitioner, the petitioner approach this court by filing a writ petition and this Court directed the authorities to consider the representation submitted by the petitioner. Thereafter, upon consideration of the representation submitted by the petitioner in compliance with the direction given by this Court, the authorities finally issued an order dated 30.01.2024 appointing the petitioner as Assistant Engineer, Water Resource Department, Manipur with retrospective effect from 16.09.2014 notionally without any pay and arrears against the supernumerary post created for the said purpose. It is also the case of the petitioner that subsequent, thereto, the government considered the case of some of the Assistant Engineer, who competed alongwith the petitioner, for their promotion to the higher post of Executive Engineer and on the recommendation of a departmental promotion committee, some of the persons who are similarly situated with the petitioner were appointed on promotion to the post of Executive Engineer vide order dated 27.12.2023 issued by the Commissioner (Water Resources), Department. The petitioner's case is that some of the persons promoted in the higher post are his juniors and that as his case was not consider, he approach the authorities again by filing a representation dated

20.02.2024 addressed to the Commissioner/Secretary, Water Resource, Government of Manipur and Chief Engineer, Water Resource, Government of Manipur with a request for considering his case for giving such promotion, however, the said representation remain pending without any consideration by the authorities. Being aggrieved, the petitioner approach this court by filing the present petition with a prayer for directing the authorities to consider his case for promotion to the higher post within a stipulated period. Mr. I. Denning, learned counsel for the petitioner submitted that all the averments made by the petitioner in the present petition are not denied by the respondents in the counter affidavit filed in connection with the petition and that the present petition can be disposed of by issuing a direction to the respondents particularly, the Commissioner/Secretary, Water Resources, Govt. of Manipur, to consider the aforesaid representation dated 20.02.2024 submitted by the petitioner on its own merit and strictly in terms of applicable rules and to disposed of the same by issuing a speaking order within a stipulated period. Mrs. L. Monomala, learned GA appearing for the respondent submitted that she has no objection in disposing of the present petition as prayed for by the learned counsel appearing for the petitioner.

Taking into consideration and submission advance by the learned counsel appearing for the parties and on perusal of the record, this Court is of the view that interests of justice would be served by issuing the following directions to the;

(i) The Commissioner/Secretary, Water Resource, Govt. of Manipur, is hereby directed to consider the representation dated 20.02.2024 submitted by the petitioner on its own merit and strictly in terms of applicable rules and to disposed of the same by issuing a speaking order.

(ii) All the process should be completed within a period of 3(three) months from the date of receipt of the certified copy of the order. With the aforesaid direction, the present writ petition is disposed of.

JUDGE

Lucy