Manipur High Court
Thiyam Premlata Devi vs State Of Manipur on 25 March, 2022
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
SHOUGRA Digitally
by
signed
[1]
KPAM SHOUGRAKPAM
DEVANANDA
DEVANAN SINGH IN THE HIGH COURT OF MANIPUR
DA SINGH Date: 2022.03.25
15:17:35 +05'30'
AT IMPHAL
(Video Conference)
WP(C) No. 881 of 2021
Thiyam Premlata Devi ... Petitioner
Vs.
State of Manipur ... Respondents
B E F O R E HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 25-03-2022 [1] Heard Ms. W. Geetarani, learned counsel appearing for the petitioner and Mr. Y. Ashang, learned Government Advocate appearing for the respondents.
[2] The present writ petition has been filed seeking for issuing direction to the respondents to consider the case of the petitioner's husband viz., Late Shri L. Rameshwar Singh, Lecturer in Manipuri, Tamenglong College, for final absorption of his service into Government service for the period from his initial appointment i.e., 10-12-1992 till the date of taking over of the College by the Government on 01-04-1996 for the purpose of availing the service benefits as are entitled under the rules.
[3] The petitioner is the wife of Late Shri L. Rameshwar Singh, who was serving as a Lecturer in the Tamenglong College. The case of the petitioner is that the husband of the petitioner was initially appointed as a Lecturer in Manipuri in Tamenglong College by the Chairman of the Governing Body of the said college by issuing an order dated 10-12-1992. Subsequently, the said private college was taken over by the Government under certain terms and conditions including the condition that the services of the staff of the said college shall be absorbed in Government service from the date of taking over of the said college and that all matters relating to the services of the staff, seniority and protection of their past service shall be decided in due course but not later than 30-04-1996, vide order dated WP(C) NO. 881 OF 2021 CONTD.../-
[2]16-03-1996 issued by the Secretariat: Education Department, Government of Manipur.
[4] After issuance of the aforesaid Government order dated 16-03-1996 and taking over of the said Tamenglong College by the Government, the Under Secretary (Hr. Edn.), Government of Manipur issued an order dated 22-07-1996 appointing the husband of the petitioner into Government service as Lecturer in Manipuri, Tamenglong College w.e.f. 01-04-1996 subject to the condition that his final absorption could be made in accordance with the recommendation of the MPSC. After appointing the husband of the petitioner into Government service, the Government sent a letter dated 05-12-2008 to the Secretary, Manipur Public Service Commission under which the cases of six Lecturers of the Tamenglong College including the name of the husband of the petitioner were furnished for consideration by the MPSC for their final absorption into Government service against the available vacant post indicated in the said letter. It is the case of the petitioner that out of the said six Lecturers forwarded by the Government, the cases of two Lecturers viz., N. Bimorani Devi, Lecturer in Economics and Md. Abdul Latif, Lecturer in Statistics were considered by the authorities and on the recommendation made by the MPSC, their services were finally absorbed into Government service with effect from the date of their initial appointment.
[5] Having been aggrieved, two Lecturers out of the said six Lecturers forwarded by the Government viz., Shri S. Bishambhore Singh, Lecturer in Statistics and Shri N. Tejendro Singh, Lecturer in Economics approached this court by filing WP(C) No. 528 of 2017 and WP(C) No. 716 of 2017 for redressing their grievances. The said two writ petitions were disposed of by this court by an order dated 06-12-2017 directing the respondents to consider their cases for final absorption within a period of thirty days.
[6] It has also been submitted on behalf of the petitioner that in compliance with the direction issued by this court, the authorities WP(C) NO. 881 OF 2021 CONTD.../-
[3]considered the cases of three other Lecturers out of the said six Lecturers recommended by the Government namely, S. Bishambore Singh, Lecturer in Statistics, N. Tejendro Singh, Lecturer in Economics and Th. Noar Singh, Lecturer in Manipuri and their services were finally absorbed into Government service with effect from the date of their initial appointment.
[7] The grievance of the petitioner is that the authorities have not considered only the case of the petitioner and the service of the husband of the petitioner has not been absorbed into Government service till date. Having been aggrieved the husband of the petitioner, during his lifetime, submitted various representations to the authorities to consider his case for final absorption. However, the request made by the incumbent failed on deft ears and no action have been taken up by the authorities till date to consider for absorption of the service of the husband of the petitioner into Government service. It has also been stated that before absorption of his service into Government service, the husband of the petitioner expired on 27-05-2021 and the petitioner is approaching this court by filing the present writ petition seeking for the relief as stated hereinabove.
[8] Ms. W. Geetarani, learned counsel appearing for the petitioner strenuously submitted that out of the six Lecturers forwarded by the Government to the Manipur Public Service Commission for consideration of their cases for final absorption into Government service, the cases of five Lecturers have already been considered and their services have already been absorbed into Government services leaving behind only the case of the husband of the petitioner without any reasonable cause and in a most arbitrary and discriminatory manner. It has also been submitted by the learned counsel appearing for the petitioner that the husband of the petitioner is eligible and entitled to be absorbed into Government service as are done in the cases of other similarly situated persons and non-consideration of the case of the husband of the petitioner is denial of the Fundamental Rights guaranteed under Article 14 and 16 of the Constitution of India. The learned counsel, accordingly, submitted that the WP(C) NO. 881 OF 2021 CONTD.../-
[4]respondents may be directed to consider the case of the husband of the petitioner for final absorption into Government service within a stipulated period so that the petitioner can avail the service and other pensionary benefits entitled to be given to the husband of the petitioner.
[9] Mr. Y. Ashang, learned Government Advocate fairly submitted that he has perused the record of the present case and that the issue raised in the present writ petition has already been considered and decided by this Hon'ble Court and the relief has been granted by the Government in cases of the other five Lecturers who are similarly situated with the husband of the petitioner and accordingly, the learned Government Advocate submitted that any appropriate order may be passed by this court.
[10] After hearing the submissions made by the learned counsel appearing for the parties and after careful perusal of the record of the present case, this court is of the considered view that the petitioner is entitled to get the relief sought for in the present writ petition. Accordingly, the respondents Nos. 1 to 3 are hereby directed to consider the case of the husband of the petitioner for final absorption in Government service in accordance with the relevant rules and to issue necessary orders. The whole exercise shall be complete within a period of four months from today.
With the aforesaid direction, the present writ petition is disposed of.
In view of the facts and circumstances of present case, the parties are directed to bear their own costs.
JUDGE
Devananda
WP(C) NO. 881 OF 2021 CONTD.../-