WP(C)/1063/2019 of PAMPUINATH JUNY AND 15 ORS Vs STATE OF MANIPUR AND ANR on 27 December 2019

WP(C) No. 1063 of 2019

Pampuinath Juny & 15 Ors

....Petitioners

-Versus-

State of Manipur & Anr

....Respondents

BEFOREHON’BLE MR. JUSTICE LANUSUNGKUM JAMIR27.12.2019

Heard Mr. H.S Paonam, learned senior counselassisted by N. Bipin, learned counsel for the petitioners. Alsoheard Mr. Sukumar, learned GA appearing for all therespondents.

[2]The petitioners were appointed as Civil SupplyInspectors 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, thepetitioners were given their transfer and posting. In themeantime, the Chief Secretary, Government of Manipur issuedan order dated 18[th]March, 2017 keeping in abeyance alltransfer and posting orders issued by any department on orbefore the 15[th]March, 2017. By the same order, it was furtherordered that no further order of appointment and transferposting shall be issued. The said order dated 18[th]March, 2017was reviewed and consequently, the Chief Secretary,Government of Manipur issued another order dated 15[th]April,2017 allowing all departments to issue orders of appointmentand transfer and posting with approval from the competentauthority..

[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 Department byorders 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 petitioners approached this Court by filing awrit petition being, WP(C) No. 765 of 2019. Upon hearing theparties, this Court by order dated 19-9-2019 suspended theShow Cause Notice dated 6[th]February, 2018.

[5]The grievance of the petitioners 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 15-12-2016 and31-12-2016 to join their post and discharge their duties and atthe same time their salaries were also being paid to them.However, in the case of the present petitioners a different yardsticks have been applied whereby, they were not allowed to jointo their post of Civil Supply Inspectors and therefore allegesdiscrimination amongst similarly situated persons.

[6]The petitioners therefore, made separaterepresentations/applications before the Director, CAF & PD,Government of Manipur/respondent No. 2 all dated 3-10-2019.Another joint representation dated 6-12-2019 was also madebefore the Director, CAF & PD, Government of Manipur. The WP(C) No. 1063 of 2019

said representations are still pending before the Director, CAF &PD, Government of Manipur/respondent No. 2.

[7]Upon hearing the parties and taking intoconsideration that the representations submitted by thepetitioners on different dates before the respondent No. 2 arestill pending for consideration, this writ petition is disposed of atthe motion stage with a direction to the respondent No. 2 toconsider the representations/applications made by thepetitioners in accordance with law and in the light of theobservations made by this Court herein above. Let suchconsideration be made within a period of one month from thedate of receipt of a copy of this order.

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

JUDGE

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WAIKHODigitally signed by WAIKHOM M TONEN TONEN MEITEI Date: 2019.12.27 MEITEI16:31:54 -08'00'