Salam Brojen Singh v. State of Manipur and Another

ORDER

(ORAL)

07.10.2023

[1] Heard Mr. Y. Nirmolchand, learned senior counsel assisted by Mr. U. Augusta, learned counsel for the petitioner and Mrs. RK Emily, learned Dy. GA for the State. [2] The case of the petitioner is that vide order dated 05th November, 2006 issued by the Commissioner, Education(S), Government of Manipur, he was appointed on promotion to the post of Assistant Inspector of School along with 7(seven) other headmasters of Primary Schools. KABORAMB AM LARSON Date: 2023.10.09 16:53:24 +05'30'

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[3] Mr. Y. Nirmolchand, learned senior counsel for the petitioner submits that except the present petitioner, the other 7(seven) Assistant Inspectors have retired and the petitioner is the only serving Assistant Inspector left in the cadre. Mr. Y. Nirmolchand, learned senior counsel for the petitioner submits that after introduction of the Manipur Education Service Rules, 2012 read with Amendment of 2014, the post of Assistant Inspector (A.I.) of Schools falls under M.E.S. (Grade-III) and the post of D.I.(Schools) and Assistant Director falls under M.E.S. (Grade-II) and the post of Zonal Education Officer and Joint Director falls in the cadre of M.E.S. (Grade-I). [4] By the present petition, the petitioner inter-alia prays for considering his case for promotion to the post of M.E.S. (Grade-II)/(D.I.) of Schools within a stipulated period of time. [5] This Court issued notice on 16.03.2023 and thereupon, the State Respondents filed counter affidavit inter-alia stating that the issue relating to promotion/upgradation of the present petitioner along with similarly situated persons are under process and accordingly, prayed that the writ petition may be rejected outright. [6] Mr. Y. Nirmolchand, learned senior counsel for the petitioner draws the attention of this Court to the last Para of the counter affidavit of the State that to the effect that since the matter of promotion/upgradation of the present petitioner along with similarly situated persons are under active consideration of the State Government, the writ petition may be disposed of with a direction to the respondents to consider the case of the

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petitioner for promotion within a stipulated period of time as his main prayer is also in the same line. [7] Mrs. RK Emily, learned Dy. GA for the State is also agreeable to the proposal made by Mr. Y. Nirmolchand, learned senior counsel for the petitioner. [8] Recording the statement, the writ petition is disposed of with a direction to the respondents to consider the case of the petitioner for promotion to M.E.S. (Grade-II)/(D.I.) of Schools within a period of 3(three) months from the date of receipt of this order. [8.1] It is made clear that this Court does not express any opinion on the merit of the case. [9] Furnish a copy of this order to the learned counsels appearing for the parties.

JUDGE - Larson

Page 1 Item – 15 IN THE HIGH COURT OF MANIPUR AT IMPHAL W.P.(C) No.237 of 2023 Shri Salam Brrojen Singh, aged about 55 years, S/o S. Souhari Singh, a resident of Moirang Kuman Leikai, P.O. & P.S. Moirang, Bishnupur District, Manipur, PIN – 795133. ….Petitioner/s - Versus - The State of Manipur, represented by Principal Secretary/ Commissioner, Education(S), Government of Manipur, New Secretariat Building, P.O. & P.S. Imphal, Imphal West, Manipur – 795001 and Another. …Respondent/s BEFORE HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA