MOIRANGTHEM RAJEN SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This writ petition has been filed by the petitioners to quash the impugned order dtd. 10/1/2019 passed by the second respondent and to regularize/absorb the services of the petitioners within a time frame.

(2.) The case of the petitioners is that they were initially engaged as skilled Artisans of various categories/trades, sweeper and demonstrator of the Department of Industries since the year 1981 up to the year 1994 and since then they have been serving in the same capacities, however, their wages have been revised from time to time.The petitioners have been drawing meager wages/pay and allowances with a legitimate expectation that their services shall be regularized by the respondent authorities. While so, on 14/7/2016, the Principal Secretary, Commerce and Industries, Government of Manipur, addressed a communication to the Additional Director, Directorate of Employment Exchange requesting candidates for appointment of various categories of posts, including the posts in which the petitioners have been serving for decades together. Being aggrieved, the petitioners have filed W.P.(C) No.626 of 2016 to quash the said letter dtd. 14/7/2016 and to direct the respondents to regularize their services through a Screening Committee constituted exclusively for them. By the order dtd. 10/5/2018, this Court disposed of the writ petition with certain directions. Since the respondents failed to take action as per the order of this Court, the petitioners have filed Contempt Case (Civil) No.88 of 2019 and the same was closed on 20/8/2019 by recording the issuance of the impugned proceedings dtd. 10/1/2019.Challenging the same, the petitioners have filed this writ petition.

(3.) The respondents filed affidavit-in-opposition stating that the Finance Department, Government of Manipur issued an Office Memorandum dtd. 19/2/2005 prescribing a standard agreement for engagement on contract basis. Accordingly, the engagement of the petitioners on contract basis was made. There are sanctioned post of SA/Dem (D&T), SA/Dem (T&C), SA/Dem (Foundry), SA/Dem (Carpet Weaving), SA/Dem (Weaving), SA/Dem (Carpentry) and SA/Dem (Black-smithy) in the Department of Textiles, Commerce and Industries. However, the petitioners were not engaged against those sanctioned posts and they were engaged on daily wage basis. Further, no post creation/sanction orders was indicated in the engagement order. Besides, there is no sanctioned post of SA (Winder), Attendant (P/L) and SA (B&BM) in the Department in which petitioners 1, 7 and 14 were engaged respectively. Therefore, there is no question of the post held by the petitioners in the requisition letter dtd. 14/7/2016.