Okram Bina Devi and Another v. State of Manipur and Another

O R D E R

22.10.2024. [1]

Heard Mr. NG Jotindra Luwang, learned counsel assisted by Ms. W. Geetarani, learned counsel for the petitioners and Mrs. CH. Sundari, learned GA for the State respondents. [2]

The petitioners approached this Court for setting aside the order dated 28.12.2022 issued by the Commissioner (Adult Education), Government of Manipur rejecting the claim of the petitioners for pay and allowances for the period from 24.03.2006 to 30.12.2013 which alleged that the petitioners had not performed their duties in in the said period. [3]

The prayers are reproduced as follows: JOHN TELEN KOM Date: 2024.10.24 10:30:33 +05'30'

(i) to issue a writ in the nature of certiorari or any other appropriate writ, order to quash the impugned order dated

28.12.2022(Annexure A/22) of the Commissioner (Adult Education), Government of Manipur forthwith as arbitrary, malafide and unconstitutional;

(ii) to issue a writ in the nature of mandamus, or any other appropriate writs, orders or directions, directing the respondents to pay to the petitioners the pay and allowances for the period from 24.03.2006 to 30.12.2013 for rendering their adhoc services as LDCs in the Department of Adult Education, Manipur forthwith as was done in case of similarly situated persons

(iii) to direct the respondents for heavy costs and

(iv) to pass any further order or orders as to the Hon'ble Court may seem fit and proper for the ends of justice and equity. [4]

During the course of hearing, Mr. NG Jotindra Luwang, learned counsel for the petitioners submits that at the moment he is not pressing for prayer No.(i) and he may be permitted to approach this Court again if necessary and submits that writ petition can be disposed of by directing the respondents to verify the status and conditions of service of the petitioners during the period from 24.03.2006 to

30.12.2013 in terms of the contents of the annexures A/7 to A/12. It may be stated that the Annexures A/7 to A/12 are the orders purportedly utilizing the services of the petitioners in the Adult Education Department, Government of Manipur. [5]

Mrs. Ch. Sundari, learned GA for the State respondents submits that appropriate orders may be passed in terms of the modified prayer.

[6]

Recording the submissions made at the bar, writ petition is disposed of by directing the respondents to examine the status of service of the petitioners from 24.03.2006 to 30.12.2013 in terms of the documents submitted by the petitioners. [7]

With the above observations, writ petition is disposed of. [8]

It is made clear that this Court does not express any opinion on the merit of the case. [9]

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

JUDGE John Kom

Item No.108 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C)No.792 of 2023 Ms. Okram Bina Devi, aged about 62 years, D/o (L) O. Ibobi Singh of Singjamei Makha Thongam Leikai, PO & PS Singjamei, Imphal West District, Manipur & Anr. …Petitioners - Versus- The State of Manipur represented by the Principal Secretary/Commissioner/Secretary(Adult Education), Government of Manipur, Imphal, New Secretariat Building, PO & PS Imphal, Imphal West Manipur-795001 & Anr. …Respondents BEFORE HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA