Manipur High Court
Smt. Khwairakpam Ibetombi Devi vs The State Of Manipur And 2 Others on 18 March, 2021
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
Item No. 2
(Through video conferencing)
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
W.P. (C) No. 271 of 2021
SMT. KHWAIRAKPAM IBETOMBI DEVI
.... PETITIONER/S
- VERSUS -
THE STATE OF MANIPUR AND 2 OTHERS
.... RESPONDENT/S
BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 18.03.2021 Heard Mr. Y. Nirmolchand, learned senior counsel appearing for the petitioner.
Issue notice, returnable within four weeks. Mr. Th. Sukumar, learned GA accepts notice on behalf of the respondents No. 1 & 2, hence, no formal notice is called for.
The petitioner is to take steps for service of notice upon respondent No. 3 by speed post within three days.
The learned counsel appearing for the petitioner has prayed for passing an interim order for staying the impugned transfer order. In support of his prayer it has been submitted by the learned senior counsel that by an order dated 04.03.2020 the petitioner was given regular promotion to the post of Project Officer /District Fishery Officer and by the same order she was posted as Project Officer/District Fishery Officer, Chandel. However, quite surprisingly and just hardly about one year from the date of her promotion and W.P. (C) No. 271 of 2021 Page 1 earlier posting, the Government issued another order dated 08.03.2021 to the effect that the petitioner, who was working as Project Officer/District Fishery Officer, Chandel, will be attached /placed at directorate of Fisheries, Lamphel and she will draw her pay and allowances from the District Fishery Officer, Chandel. By the same order dated 08.03.2021, the respondent No. 3, who is only working as a Fishery Inspector, was allowed to look after the charge of Fishery Officer/District Fishery Officer, Chandel in addition to her normal duties.
It has been contended by the learned senior counsel that the petitioner has been attached or placed in the Director of Fisheries, Lamphel, where there is no substantive post of District Fishery Officer and the said order had been issued to allow the private respondents to function as District Fishery Officer in placed of the petitioner in a most arbitrary and discriminatory manner.
It has further been contended on behalf the petitioner that the respondent No. 3 is substantively holding the post of Fishery Inspector and in between the post of Fishery Inspector and District Fishery Officer, there is another post of Fishery Officer and accordingly, the Respondent No. 3 is not only subordinate to the petitioner but he is also not at all eligible to hold the post of District Fishery Officer.
Accordingly, the learned senior counsel submitted that the order dated 08.03.2021 impugned in the present writ petition needs to be stayed during the pendency of this writ petition.
W.P. (C) No. 271 of 2021 Page 2 Mr. Th. Sukumar, learned GA submitted that he needs to get proper instructions from the authorities and to file appropriate counter affidavit for which he sought for granting him some time.
On consideration of the submissions advanced by the learned counsel appearing for the parties and on perusal of the record, this Court is of the tentative view that the petitioner has been able to make out a prima facie case for passing an interim order. In view of the above and as an interim measure, the impugned order dated 08.03.2021 shall remain stayed till the next date.
List this case again on 20.04.2021.
A copy of this order be furnished to both the counsel appearing for the parties through their e-mail/whatsapp.
JUDGE Sapana Yumk Digitally signed by Yumkham ham Date:
Rother 2021.03.18 Rother 16:35:24 +05'30' W.P. (C) No. 271 of 2021 Page 3