Covid Warriors Mts and Driver Welfare Union and 3 Ors v. State of Manipur and Anr

IN THE HIGH COURT OF MANIPUR AT IMPHAL

WP(C) No.44 of 2024

Covid Warriors MTS & Driver Welfare Union] & 3 Ors … Petitioners -Versus-

State of Manipur & Anr

… Respondents

BEFORE HON'BLE MR. JUSTICE A.GUNESHWAR SHARMA

17.12.2024

Heard Mr.A.Golly, learned counsel assisted by Mr.SM Farid, learned counsel for the petitioners and Mr.Th.Sukumar, learned Government Advocate for the State respondents.

The petitioners are Covid Warriors (Multi-tasking Staff) and Drivers etc, engaged by the Health Department, during peak of Covid Pandemic to augment the work force in the Health Department in the compelling circumstance. After the pandemic subsides, their services have been disengaged by various orders. The petitioners approached this court, inter alia, with a prayer to consider for regularisation of their service in the light of the guidelines/instructions dated 3.5.20021, issued by the Ministry of Health and Family Welfare, Government of India. The prayer no.(c) in the writ petition is reproduced hereunder: "(c) to issue a writ in the nature of mandamus directing the official Respondents to consider the case of the members of "Covid Warriors MTS and Drivers Welfare Union", who have rendered un-flinching and selfless contract services during peak COVID-19 pandemic as Multi-Tasking Staff and Driver in the Directorate of Health Services, Government of Manipur, for the period from

06.06.2021 to 16.03.2022 (beyond 100 days for each post), either for regular appointment or re-engagement as contractual Multi-Tasking Staff and Driver in the Directorate of Health Services, Government of Manipur, in compliance with the guidelines and instructions bearing No.Z.20015/43/2021-ME-I (FTS-8108321) dated

03.05.2021 (at Annexure A/5) issued by the Ministry of Health and Family Welfare, Government of India."

Mr.A.Golly, learned counsel for the petitioners, on instruction, submits that the petitioners will be satisfied if a direction is issued to the State respondents to consider their case as contained in para (c) of the prayer, reproduced above, in the light of the Annexures A/4 and A/5 dated 3.5.2021 and 7.7.2022 in the writ petition.

Mr.Sukumar, learned Government Advocate submits that this Court may pass appropriate innocuous order in terms of the limited prayer made by the learned counsel for the petitioners.

Recording the submissions made at the Bar and nature of the relief prayed for by the writ petitioners, the writ petition is disposed of by directing the State respondents to consider the case of the petitioners for either regular appointment/absorption/re-engagement in appropriate posts, in terms of the instructions of the Government of India as well as the Government of Manipur.

With this observation, the writ petition is disposed of. It is made clear that this Court does not express any opinion on the merit of the case.

Mr.A.Golly, learned counsel for the petitioners submitted that some of the petitioners might have exceeded the maximum age limit prescribed for direct recruitment and prays that maximum age relaxation may be given if they are otherwise eligible and qualified, their cases may be considered favourably. The State respondent may consider this aspect also.

The whole exercise, may be completed by expediting, preferably within a period of four months from the date of receipt of a copy of this order.

Furnish a copy of this order to learned counsel for the parties.

JUDGE

Priyojit

RAJKUMA R PRIYOJIT SINGH by RAJKUMAR PRIYOJIT SINGH Date: 2024.12.19 16:03:03 +05'30'