WP(C)/1075/2019 of KHAIDEM NARENDRAJIT SINGH AND ANR Vs STATE OF MANIPUR AND ANR on 27 December 2019

WP(C) No. 1075 of 2019

Khaidem Narendrajit Singh & Anr

....Petitioners

-Versus-

State of Manipur & Anr

....Respondents

BEFORE

HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR

27.12.2019

Heard Mr. H.S Paonam, learned senior counselassisted by Ms. Harichhaya, learned counsel for thepetitioners. Also heard Mr. Sukumar, learned GA appearing forall the respondents.

[2]The petitioners were appointed as Store Keeperafter obtaining approval of the Government of Manipur,Department of CAF & PD by an order dated 4[th]January, 2017and they are posted at the Directorate Office, CAF & PD,Government of Manipur. In the meantime, the Chief Secretary,Government of Manipur issued an order dated 18[th]March,2017 keeping in abeyance all transfer and posting ordersissued by any department on or before the 15[th]March, 2017.By the same order, it was further ordered that no further orderof appointment and transfer posting shall be issued. The saidorder dated 18[th]March, 2017 was reviewed and consequently,the Chief Secretary, Government of Manipur issued anotherorder dated 15[th]April, 2017 allowing all departments to issueorders of appointment and transfer and posting with approvalfrom 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 the StoreKeepers appointed by the orders dated 04-01-2017. Beingaggrieved with the show Cause Notice, the petitionersapproached this Court by filing WP(C) No. 727 of 2019. Uponhearing the parties, this Court by order dated 09-09-2019suspended the Show 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 15-12-2016and 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 petitioners adifferent yard sticks have been applied whereby, they were notallowed to join to their post of Store Keepers and thereforealleges discrimination amongst similarly situated persons.

[6]The petitioners therefore, made a jointrepresentation/application before the Director, CAF & PD,Government of Manipur/respondent No. 2 on dated 04-11-2019. The said representation is still pending before theDirector, CAF & PD, Government of Manipur/respondent No. 2.

[7]Upon hearing the parties and taking intoconsideration that the representation submitted by thepetitioners on 04-11-2019 before the respondent No. 2 is stillpending for consideration, this writ petition is disposed of at themotion stage with a direction to the respondent No. 2 toconsider the representation/application made by the petitionersin accordance with law and in the light of the observationsmade by this Court herein above. Let such consideration bemade within a period of one month from the date of receipt of acopy of 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 MEITEI16:32:32 -08'00'