Laishram Brajendra Singh and 3 Others v. State of Manipur

Order

05.09.2023 [1]

Present Mr. Ch. Robinchandra, learned counsel and Mr. Ch. Romen Singh, learned counsel for the petitioner and Mr. Shyam Sharma, learned G.A. on behalf of the sole respondent. [2]

It is the case of the petitioners that they entered into service as Zilladars in the year 1995-99 and after serving 23-25 years, they were promoted as in-charge of Revenue Inspectors in the year, 2022. It is also submitted that they were eligible for promotion to the Revenue Inspectors in the year, 2004. Due to this stagnation in the promotion, they did not have any promotion avenue. In pursuance to the order dated 04.03.2022 passed by this Court in WP(C) No. 981 of 2021, the State Government took a decision in its meeting held on

02.01.2023 for relaxing the qualifying service of 8 (eight) petitioners for promotion to the post of SDC. It is submitted that the present 4 (four) petitioners are also similarly situated with the 8 Revenue Inspectors proposed by the State Government for promotion to the post of SDC. In this regard, the petitioners submitted a representation dated

19.12.2022 to the Secretary (Revenue), Government of Manipur for considering the 4 (four) petitioners for promotion to the post of SDC by relaxing the Recruitment Rules on the basis of long term service. It is submitted that the representation dated 19.12.2022 is still pending with the State Government. [3]

The only prayer in the present writ petition is to give a direction to the State respondent to consider the representation dated

19.12.2022 by passing a speaking order. [4] Mr. Shyam Sharma, learned G.A., draws the attention of this Court to the Recruitment Rules for the SDC, especially at column 5, that a person should have 8 (eight) yeas of regular service in the grade for undergraduate and 6 (six) years of regular service for graduate in the category of Revenue Inspector for consideration of promotion to the post of SDC. Learned G.A. points out that 4 (four) petitioners do not possess the minimum qualifying service. [5]

Mr. Ch. Robinchandra, learned counsel for the petitioners, submits that 8 (eight) persons proposed by the Cabinet for regularization to the post of SDC by relaxing the RR also do not have requisite qualification and on parity, their case may also be considered. [6]

This Court is of the opinion that the present writ petition can be disposed of by giving a direction to the respondent to consider and dispose of the representation dated 19.12.2022 submitted by the petitioners in the light of the Cabinet decisions taken on 02.01.2023 within a period of 3 (three) months from the date of receipt of a copy of this order. [7]

With these observations, writ petition is disposed of. [8]

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

JUDGE

joshua

KH. JOSHUA MARING Date: 2023.09.11 15:45:34 +05'30'

Item No. 2 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 616 of 2023 Laishram Brajendra Singh & 3 Ors. …..Petitioner/s - Versus – State of Manipur .... Respondent/s BEFORE HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA