WP(C)/1077/2019 of KHUMUJAM TENJING SINGH Vs STATE OF MANIPUR AND 2 ORS on 27 December 2019

WP(C) No. 1077 of 2019

Khumujam Tenjing Singh

....Petitioner

-Versus-

State of Manipur & 2 Ors

....Respondents

BEFORE

HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR

27.12.2019

Heard Mr. W. Darakishwar, learned counselappearing for the petitioner. Also heard Mr. Sukumar, learnedGA appearing for all the respondents.

[2]The petitioner was appointed as Civil SupplyInspector after obtaining approval of the Government ofManipur, Department of CAF & PD by an order dated 3[rd]January, 2017. By another order dated 17[th]March, 2017, thepetitioner was given his transfer and posting. In the meantime,the Chief Secretary, Government of Manipur issued an orderdated 18[th]March, 2017 keeping in abeyance all transfer andposting orders issued by any department on or before the 15[th]March, 2017. By the same order, it was further ordered that nofurther order of appointment and transfer posting shall beissued. The said order dated 18[th]March, 2017 was reviewedand consequently, the Chief Secretary, Government of Manipurissued another order dated 15[th]April, 2017 allowing alldepartments to issue orders of appointment and transfer andposting with approval from the competent authority.

[3]The Directorate of Consumer Affairs, Food andPublic Distribution Department issued a Notification dated 22[nd]October, 2016 inviting applications in prescribed format forfilling up 10 (ten) posts of Civil Supply Inspectors. Pursuant tothe Notification dated 22[nd]October, 2016, 21 (twenty-one)persons were appointed to the post of Civil Supply Inspector inthe Consumer Affairs, Food & Public Distribution Departmentby orders dated 15-12-2016 and 31-12-2016.

[4]While matters rest thus, the respondents issuedShow Cause Notices dated 6[th]February, 2018 to all the CivilSupply Inspectors appointed by the orders dated 03-01-2017,15-12-2016 and 31-12-2016. Being aggrieved with the showCause Notice, the petitioner approached this Court by filing thepresent writ petition challenging the Show Cause Notice dated6[th]February, 2018.

[5]The grievance of the petitioner in the present writpetition is that after the suspension of the Show Cause Noticedated 6[th]February, 2018, the respondents have allowed theCivil Supply Inspectors who were appointed on 15-12-2016and 31-12-2016 to join their post and discharge their dutiesand at the same time their salaries were also being paid tothem. However, in the case of the present petitioner a differentyard sticks have been applied whereby, he was not allowed tojoin to his post of Civil Supply Inspectors and therefore allegesdiscrimination amongst similarly situated persons.

[6]The petitioner therefore, made arepresentation/application before the Director, CAF & PD,Government of Manipur/respondent No. 3 dated 23-12-2019.The said representation is still pending before the Director,CAF & PD, Government of Manipur/respondent No. 3.

[7]Upon hearing the parties and taking intoconsideration that the representation submitted by thepetitioner before the respondent No. 3 is still pending forconsideration, this writ petition is disposed of at the motionstage with a direction to the respondent No. 3 to consider therepresentation/application made by the petitioner inaccordance with law and in the light of the observations madeby this Court herein above. Let such consideration be madewithin a period of one month from the date of receipt of a copyof this order.

With the above observations and directions, writpetition stands disposed of.

JUDGE

kim

WAIKHDigitally signed OM by WAIKHOM TONEN MEITEI TONEN Date: 2019.12.27 MEITEI16:34:00 -08'00'