HAOBAM NISHIKANTA SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. Ch. Robinchandra, learned Advocate appearing for the petitioner and Mr. Th. Vashum, learned GA for the respondents.

(2.) By the instant writ petition, the petitioner has prayed for issuing a writ of mandamus or any other appropriate writ to direct the respondents to place before the Cabinet the memorandum submitted by the Secretariat: Commerce and Industries Department, Government of Manipur vide its letter dtd. 19/7/2013.

(3.) The stand of the State Government as indicated in the affidavit filed on behalf of respondent Nos.1 and 5, is that the Directorate of Commerce and Industries, Manipur vide its letter dtd. 11/12/2006 proposed for approval of the Cabinet to appoint the petitioner as Driver as a special consideration without normal process of recruitment considering his performance in the said incident of kidnapping. The Deputy Secretary (Com. and Ind.), Government of Manipur wrote a letter dtd. 19/7/2013 enclosing a copy of the Draft Cabinet Memorandum for furnishing comment from the Finance Department and the Department of Personnel. Thereafter, on 14/12/2018, the Administrative Department again requested the Special Secretary (Finance/PIC), Government of Manipur and the Joint Secretary (D.P.), Government of Manipur for furnishing comments, followed by a reminder dtd. 8/6/2020 requesting them to furnish their comments. In reply thereto, the Department of Personnel vide a letter of its Under Secretary dtd. 12/6/2020 stated that the Department did not support the proposal as there was no Government policy for regularisation of casual employees. Similar is the case with the Finance Department (PIC) which commented that since there was no policy of the State Government for regularization of casual employees and in view of the ban on appointment, the Department did not support the proposal. It has further been stated that the principle of equality before the law as enshrined in Article 14 of the Constitution of India has not been violated by the State Government.