ARIBAM SOKENDRO SHARMA, S/O (L) A AMUBI SHARMA Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Ms. Akham Rajashree, the learned counsel appearing for the petitioner and Shri K. Jagat, the learned Government Advocate appearing for the State respondents.

(2.) By the instant writ petition, the petitioner has prayed for issuing a writ or order or direction to the respondents to appoint him to the post of Attendant or any other Grade-IV post.

(3.) According to the petitioner, he belongs to the category of physically challenged person as he suffers from 50% disableness of the right side of his hand since he attained the age of seven years. Having passed the matriculation and as he was unable to find any work, he approached the MLA, Yaiskul Assembly Constituency for appointment to any post commensurate to his educational qualification under the scheme of giving employment of disabled persons. On the basis of his representation submitted in the year 2005, the Hon'ble Chief Minister recommended his appointment under the scheme and accordingly, certain steps were taken by the General Administrative Department. Although an Offer Form was given to him, no formal appointment order was issued which compelled the petitioner to submit another representation dated 17-02-2009 addressed to the Chief Minister, Manipur. A D.O letter dated 12-02-2010 was addressed to the Commissioner (GAD), Government of Manipur by the MLA followed by his another D.O letter dated 17-09-2010 addressed to the Hon'ble Chief Minister, Manipur to which the Hon'ble Chief Minister had responded positively. On 04-08-2011 the Commissioner (GAD) was requested for making arrangement to issue appointment order which was followed by another letter dated 26-03-2012. Again on 16-06-2012 a letter was addressed to the Hon'ble Chief Minister, Manipur by the MLA enclosing therewith the recommendation for appointment of the petitioner as Attendant in the GAD. It may be noted that the Commissioner (GAD) instructed to get the matriculate certificate of the petitioner verified from the concerned board and in reply thereto, the Deputy Secretary, Board of Secondary Education, Manipur vide letter dated 29-07-2011 addressed to the Under Secretary (GAD) informing that the certificate was verified and found that he had passed the said examination. In spite of all these correspondences including the recommendation made by the Hon'ble Chief Minister, Manipur, the petitioner was not given any appointment. Having no alternative, the petitioner was compelled to approach this court praying for his appointment as Attendant on the ground that there is no earning member in his family and on top of that, since there is no source of income, he finds it difficult to bring up his two children who are school going.