Aribam Chaoba Sharma v. State of Manipur and Another

IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 450 of 2022 Aribam Chaoba Sharma

… Petitioner Vs. State of Manipur & anr.

… Respondents B E F O R E HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 09-08-2023

Heard Mr. Ng. Jotindra Luwang, learned counsel appearing for the petitioner and Mr. Niranjan Sanasam, learned GA appearing for the respondents.

The present writ petition had been filed by the petitioner praying for directing the respondents to pay the pay and allowances due payable to the petitioner for the period from 01-02-2011 till 28-02-2018 for the service rendered by him as an LDC in the Revenue Department.

At the outset, the learned counsel appearing for the petitioner submitted that the present writ petition can be disposed of in terms of the order dated 04-04-2016 passed by this court in WP(C) No. 31 of 2016 by giving similar directions to the authorities.

Mr. Niranjan Sanasam, learned GA appearing for the respondents fairly submitted that the present writ petition can be disposed of by giving similar directions given by this court in its order dated 04-04-2016 passed in WP(C) No. 31 of 2016.

On examination of the said order dated 04-04-2016 passed by this court in WP(C) No. 31 of 2016, this court is of the considered view that the facts and circumstances and the issue raised in the said writ petition is similar to the facts and circumstances and the issue raised in the present writ petition. Accordingly, this court is of the considered view that the present writ petition can be disposed of by giving similar relief. The operative portion of the aforesaid order are as under:- "Be that as it may, let the authorities make a verification of the service status of the petitioner who claims to be serving as LDC in the Revenue Department and if the petitioner is rendering his service in the said Department under valid orders for the aforesaid period, there is no reason why the IN. 21 SHOUGRA KPAM DEVANAN DA SINGH Date: 2023.08.09 16:25:46 +05'30' pay and allowances should not be released to the petitioner.

Accordingly, the present writ petition is disposed of with the direction to the respondent authorities to verify the service status of the petitioner in accordance with law and if it is found that the petitioner had been rendering his service as LDC in the Revenue Department since March 2011 till date, the petitioner may be afforded the due salaries and other entitlements.

The aforesaid exercises will be undertaken by the authorities within a period of three months from the date of receipt of a certified copy of this order."

After taking into consideration the submissions advanced by the learned counsel appearing for the parties and after careful examination of the record of the present writ petition, the present writ petition is disposed of by directing the respondents to verify the service status of the petitioner in accordance with law and if it is found that the petitioner rendered his service as an LDC in the Revenue Department during the period from 01-02-2011 till 28-02-2018 under valid orders of the Government, the petitioner should be given the due salaries and entitlements for the said period. The whole exercise should be completed within a period of six months from today.

With the aforesaid directions, the present writ petition is disposed of.

JUDGE Devananda