Irengbam Khangemba and 3 Ors v. Manipur Universities and Anr

Order

07.02.2024 [1]

Heard Mr. Y. Nirmolchand, learned senior counsel assisted by Mr. L. Raju, learned counsel on behalf of the petitioners and Mr. BP. Sahu, learned senior counsel assisted by Ms. Tanya S RK., learned counsel on behalf of the respondents. [2]

The petitioners 4 (four) in numbers who are working as follows: The petitioner No. 1 is working as Attendant/Unit Peon, the petitioner No. 2 as Unit Peon, the petitioner No. 3 as Electrician-cum-Set Fabricator and the petitioner No. 4 as LDC/Jr. Asst. in the office of respondent No. 2 on contract/ad-hoc service and their appointment in contract/ad-hoc was confirmed by the Board of Management of respondent No. 2 in its meeting held on 04.06.2016. The petitioners earlier approached this Court by way of WP(C) No. 918 of 2023, inter-Page 2

alia, praying for regularization of their ad-hoc services in terms of the order dated 18.04.2022 passed by Division Bench of this Court in WA No. 34 of 2021. [3]

During the pendency of WP(C) No. 918 of 2023, the respondents issued an Advertisement No. 1/2024 dated 24.01.2024 inviting application for recruitment of different posts including 4 (four) post held on ad-hoc by the petitioners herein at Serial No. 12, 13 & 14. Thereafter, the petitioners have also filed another writ petition being WP(C) No. 93 of 2024 for quashing the impugned Advertisement No. 1/2024 with respect to the posts mentioned at Serial No. 12, 13 & 14. [4]

It is submitted that the petitioners are working for more than 10 (ten) years and they cannot applied for any other posts as they have crossed the upper age limit. It is prayed that the impugned order be set aside and the respondents be directed to regularize the ad-hoc services of the petitioners. [5]

On the other hand, Mr. BP. Sahu, learned senior counsel for the respondents, on instructions, submits that the respondents are agreeable for relaxation of the age limit of the petitioners for appearing in the recruitment vide Advertisement No. 1/2024. [6]

Mr. Y. Nirmolchand, learned senior counsel for the petitioners, submits that writ petitions may be disposed of by issuing a direction to the respondents to consider the prayer for consideration of regularization of the petitioners' ad-hoc services prior to the finalization Page 3

of the recruitment process initiated under impugned Advertisement No. 1/2024. [7]

Mr. BP. Sahu, learned senior counsel, is also agreeable to the submission made by Mr. Y. Nirmolchand, learned senior counsel for the petitioners, for consideration of regularization of the ad-hoc services of the petitioners. [8]

Recording this submission, writ petitions are disposed of with a direction to the respondents to consider the prayer for regularization of the 4 (four) petitioners as per law applicable before finalization of the recruitment initiated in terms of the Advertisement No. 1/2024 with respect to the posts mentioned at Serial No. 12, 13 & 14. [9]

With this observation, writ petitions along with misc. application are disposed of. [10]

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

JUDGE

joshua

KH. JOSHUA MARING Date: 2024.02.09 11:23:25 +05'30'

Page 1 Item No. 1-3 IN THE HIGH COURT OF MANIPUR AT IMPHAL Irendam Khangemba Singh & 3 Ors. …..Petitioner/s - Versus – Manipur University & Anr. .... Respondent/s BEFORE HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA