HUIDROM RAJEN SINGH Vs. DHURBA OINAM

JUDGEMENT

(1.) HEARD Shri Kh. Tarunkumar, learned counsel appearing for the petitioner; Shri H.S. Paonam, learned senior counsel appearing for the applicant/respondent No. 3 and Shri Y. Nirmolchand, learned counsel appearing for the Chief Engineer.

(2.) THE instant application has been filed by the respondent No. 3 praying for modifying/vacating/discontinuing the interim order dated 04.01.2016 passed by this Court in M.C.(W.P.(C)) No. 1 of 2016 on the inter -alia ground that the Hon'ble Gauhati High Court, Imphal Bench, vide its order dated 2.6.2010 passed in W.P. (C) No. 545 of 2009, has observed the following:

(3.) THE instant application is contested by the petitioner by filing an affidavit -in -opposition contending inter -alia that the application is not maintainable; that the State Government has taken a policy decision, as recorded in the Note No. 74 ante in Govt. File bearing No. 3/3/2007 -IFC to the effect that there is no provision for inclusion of work -charged employees converted into regular establishment in the seniority list, which has been disclosed by way of filing an affidavit -in -opposition in W.P. (C) No. 1 of 2012; that it is not clear as to whether the said policy decision of the State Government was placed before the Hon'ble Gauhati High Court, Imphal Bench for consideration by the State Government at the time of hearing the W.P. (C) No. 545 of 2009 or not and that the applicant and the private respondents in the writ petition have no right to include their names in the seniority list of the Section Officer Grade -I.