STATE OF MANIPUR THROUGH THE COMMISSIONER/SECRETARY Vs. ANILKUMAR ROY S/O L. PRAPHULLO CHANDRA ROY

JUDGEMENT

(1.) THE present appeals W.A No.10 of 2012 and W.A No.11 of 2012 have been preferred against the common judgment and order dated 30.5.2011 passed in W.P(C) No.1315 of 2005 and W.P(C) No.54 of 2010 by which the learned Single Judge by allowing the writ petitions directed for regularization of the services of the petitioners.

(2.) W .P(C) No.1315 of 2005 was filed by two writ petitioners, L.Anilkumar Roy and Thingam Jhalajit Singh claiming regularization of their services on the basis of the recommendation of a Special D.P.C. The petitioner No.1, Shri L. Anilkumar Roy (now dead and represented by legal heirs) was initially appointed as Field Assistant (FA) on substitute basis or till the post was filled up on regular basis vide order 04.10.1990. Similarly, the petitioner No.2, Thingam Jhalajit Singh was also appointed as Assistant Horticulture Inspector (AHI) on ad -hoc basis for a period of six months or till the post was filled up on regular basis whichever was earlier vide order 25.11.1991. According to the petitioners, their substitute/ad -hoc appointments were extended from time to time. The service of the petitioner No.1 was terminated after he expired on 28.12.2007 while in service. As regards the petitioner No.2, his ad -hoc service was not extended after 30.4.2009 as per order dated 9.11.2009 which has been challenged by him by filing the writ petition, being W.P(C) No.54 of 2010 contending that the said impugned order dated 9.11.2009 is in contravention of the interim order passed by the Court in W.P(C)No.1315 of 2005. The said writ petitions, being W.P(C) No.1315 of 2005 and W.P(C) No.54 of 2010 were clubbed together, heard and disposed of by the common judgment and order dated 30.05.2011.

(3.) ACCORDING to the petitioners, the proceeding of the Special D.P.C. held on 18.4.1994 was approved by the Govt. of Manipur and accordingly, on the basis of the said recommendation, the Government vide order dated 6.12.1999 regularized the services of four candidates, namely, 1) Shri A. Kaikho, 2) Shri Ch.Budhachandra Singh, 3) Shri T. Devendrakumar Singh and 4) Shri S.Mangi Singh, whose names appeared at Sl. No. 1, 2, 4 and 5 of the list prepared by the said Special D.P.C. It was the case of the petitioners that while making such appointments, the Government adopted pick and choose method in as much as while making the appointments, the two petitioners were left out. It was stated that the petitioner No.1, who was placed above the said T.Devendrakumar Singh and S.Mangi Singh, was left out, thus discriminating him.