Ksh. Ibopishak Singh v. State of Manipur and 2 Others

Item No. 32 IN THE HIGH COURT OF MANIPUR AT IMPHAL

WP(C) No. 996 of 2022

Ksh. Ibopishak Singh

Petitioner Vs. State of Manipur & 2 ors.

Respondents

BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH

12.03.2025

Heard Mr. Anjan Prasad Sahu, learned counsel appearing for the petitioner; and Mr. Shyam Sharma, learned G.A. appearing for the respondents. In the present writ petition, the petitioner is praying for issuing a direction to the respondents to release/pay the remuneration/wages of the petitioner as a daily wage worker in the capacity of Chowkidar-cum-Sweeper since the month of April, 2006 till 26.07.2018 within a stipulated period. Mr. Anjan Prasad Sahu, learned counsel appearing for the petitioner, submitted that despite given ample opportunities to file counter affidavit to the respondents, none of the respondents filed any counter affidavit. Thereafter, this Court has repeatedly observed that if the respondents failed to file any counter affidavit, the present writ petition will be disposed of on the basis of the materials available on record. Accordingly, the present writ petition is taken up today for final disposal on the basis of the materials available on record. The learned counsel appearing for the petitioner submitted that the LAIRENM AYUM INDRAJE ET SINGH by LAIRENMAYUM INDRAJEET SINGH Date: 2025.03.12 15:29:50 +05'30'

present writ petition may be disposed of by directing respondent No. 3 i.e., Deputy Commissioner, Thoubal District, to carry out a verification process as to whether the service of the petitioner as Chowkidar-cum-Sweeper was utilized during the period from the month of April, 2006 to

26.07.2018 and whether the pay/remuneration of the petitioner was paid to the petitioner or not during the said period. The learned counsel, further submitted that upon such verification, if it is found that the petitioner rendered his service during the said period and if the salary/pay of the petitioner was not paid to him for the said period, the respondents may be directed to release the same within a stipulated period. Mr. Shyam Sharma, learned G.A., fairly submitted that there is nothing on record to verify as to whether the petitioner has rendered service during the said period or not and as such, he has no objection in disposing of the present writ petition as submitted by the learned counsel appearing for the petitioner. Taking into consideration the submission advanced by the learned counsel appearing for the parties, this Court is of the considered view that the interest of justice will be served by issuing the following directions:-

(i) The Deputy Commissioner, Thoubal, is hereby directed to carry out a verification process as to whether the petitioner rendered his service as a Chowkidar-cum-Sweeper during the period from the months of April, 2006 till 26.07.2018 and whether he has been paid his monthly

salary/remuneration during the said period or not.

(ii) Upon such verification, if it is found that the petitioner's service was utilized by the authorities during the said period and that he has not been paid his monthly salary/remuneration during the said period, the respondents are hereby directed to release the same to the petitioner as soon as possible, but not later than 4(four) months from the date of receipt of a certified copy of this order. It is made clear that this Court has not decided with regard to the prayer made by the petitioner for linking up his past service and the petitioner is at liberty to pursue the same in any other proceedings. With the aforesaid direction, the present writ petition is disposed of.

JUDGE Indrajeet