WP(C)/1211/2018 of MRS. SAGOLSEM SOMOJINI DEVI Vs STATE OF MANIPUR on 21 December 2018

1. Mr. Sagolsem Somojini Devi, aged about 59 years, D/o(Late) Sagolsem Ibotombi Singh of Keishamthong MoirangNingthou Leirak P.O. & P.S Imphal, Imphal West Manipur;(Late) Sagolsem Ibotombi Singh of Keishamthong MoirangNingthou Leirak P.O. & P.S Imphal, Imphal West Manipur;

2. Mr. Thokchom Ratankumar Singh, aged about years, S/o(Late) T. Mangoljao Singh of Kwakeithel Thokchom Leikai,P.O.& P.S. Imphal, Imphal West District, Manipur;(Late) T. Mangoljao Singh of Kwakeithel Thokchom Leikai,P.O.& P.S. Imphal, Imphal West District, Manipur;

3. Mr. Ninghthoujam Khadrakpa Singh, aged about 59 years,S/o (Late) N. Chaobhal Singh of Thangalawai Village,P.O.&P.S.Moirang, Bishnupur District, Manipur;S/o (Late) N. Chaobhal Singh of Thangalawai Village,P.O.&P.S.Moirang, Bishnupur District, Manipur;

4. Mr. R.K. Sekharjit Singh, aged about 59 years, S/o (Late)R.K. Indrajit Singh of Soibam Leikai Near Citizen Club, P.O& P.SPorompat, Imphal East District, Manipur and;R.K. Indrajit Singh of Soibam Leikai Near Citizen Club, P.O& P.SPorompat, Imphal East District, Manipur and;

5. Mr. Thoudam Bijoy Singh, aged about 59 years, S/o (Late)Th. Tombi Singh of HeirangoithongBazar, P.O.& P.SSingjamei, Imphal West District, Manipur.Th. Tombi Singh of HeirangoithongBazar, P.O.& P.SSingjamei, Imphal West District, Manipur.

... Petitioners

- Versus -

1. TheStateofManipurrepresentedbythePrincipalSecretary/Commissioner/Secretary(RD&PR),Government of Manipur, New Secretariat Building, P.O.&P.S. Imphal, Imphal West District, Manipur-795001;Secretary/Commissioner/Secretary(RD&PR),Government of Manipur, New Secretariat Building, P.O.&P.S. Imphal, Imphal West District, Manipur-795001;

2. The Principal Secretary/ Commissioner/ Secretary (DP),Government of Manipur, Old Secretariat Building, P.O.&P.SImphal, Imphal West District, Manipur-795001;Government of Manipur, Old Secretariat Building, P.O.&P.SImphal, Imphal West District, Manipur-795001;

3. TheChiefEngineer,RuralEngineeringDepartment,Department of Rural Development and Panchayati Raj,Government of Manipur, D.C Complex, Porompat P.O&P.S. Porompat, Imphal East District, Manipur-795005.Department of Rural Development and Panchayati Raj,Government of Manipur, D.C Complex, Porompat P.O&P.S. Porompat, Imphal East District, Manipur-795005.

BEFOREHON’BLE MR. JUSTICE KH. NOBIN SINGHORDER

21.12.2018

[1]Heard Shri Ng. Jotindra,learnedcounsel appearingforthepetitioners By the instant writ petition, the petitioners have prayed for issuing awrit of mandamus or any other appropriate writ to direct the respondents toconsider the representation dated 15.12.2018 submitted by the petitioners.

[2]On the recommendation of the Class III DPC, the petitioners wereappointed as Section Officers Grade-I (Civil) vide various orders dated23.05.1985, 06.10.1987 and 05.10.1990 issued by the Chief Engineer, PWD,Manipur.

On the basis of the cabinet Decision taken in its meeting held on30.04.2016, the State Government established/created the Rural EngineeringDepartment(RED) to supervise the works of MSRRDA for implementation ofPMGSY in the State of Manipur vide letter dated 11.05.2016 issued by thePrincipalSecretary(RD&PR),GovernmentofManipur. Thereafter,on16.09.2016, an order was issued by the Principal Secretary (RD & PR),Government of Manipur creating 384(three hundred eighty four) posts inrespect of various categories including 162 Engineering posts and on thesame day another order was issued absorbing the officials of different line department against the post created and accordingly, the posts held by thepetitionerwereabsorbedasAssistantEngineer(Civil)intheRuralDevelopment and Panchayati Raj Department, Government of Manipur.

[3]On the recommendation of the Special DPC, the petitioner Nos. 2,3 & 5 were promoted to the post of Executive Engineer vide order dated24.12.2016 issued by the Secretary (RD&PR), Government of Manipur.Pursuant to the order dated 08.09.2017 issued by the Deputy Secretary(RD&PR), Governmentof Manipurthe officials of RuralDevelopmentEngineering Department were allowed to look after the post indicated againsteach of them including the petitioner Nos. 1, 2 & 4.

[4]In the meantime, the Chief Secretary (DP), Government of Manipurissued a notification dated 31.08.2015 by which the age of superannuation ofthe doctors working in the department of Medical Health and Family Welfareand the Department of AYUSH from 60 to 62 years with immediate effect.Similarly, another notification dated 22.09.2018 was issued by the UnderSecretary(DP),GovernmentofManipurenhancingtheageofsuperannuation of the officers Veterinary and Animal Husbandry from 60 to62 years with immediate effect.

[5]According to the petitioners, the service and responsibility of theEngineer are similar and closely related to those of the officers of ManipurHealth Service and Manipur Veterinary Services. Accordingly, the petitionerssubmitted a representation dated 15.12.2018 to the concerned authorityrequesting to enhance the age of superannuation from 60 to 62 years inrespect of Engineers in Rural Engineering Department, Government of Manipur and the same is still pending for consideration by the concernedauthority. Being aggrieved by the inaction on the part of the respondents, theinstant writ petition has been filed by the petitioners.

[6]The learned counsel appearing for the petitioners submits thatsince the prayer in the writ petition is to direct the respondents to considerand dispose of the said representation, the instant writ petition can bedisposed of at the stage of motion by issuing an innocuous order andaccordingly, the instant writ petition stands disposed of with the direction thatthe respondents and in particular, respondent No.1 shall consider anddispose of the said representation within one month from the date of receiptof a copy of this order and issue a speaking order in respect thereof.

JUDGE

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