KHULEM SUNDARI DEVI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Shri H.S. Paonam, the learned Sr. Advocate appearing for the petitioner; Smt. Th. Sobhana, the learned Government Advocate appearing for the respondent Nos. 1 and 2; Shri H. Dijen, the learned counsel appearing for the respondent No. 3 and Shri N. Surendrajit, the learned counsel appearing for the private respondent.

(2.) The subject matter in issue relates to the question of determining seniority between the petitioner and the private respondent in the Department of Statistics, Biramangol College, Manipur and in other words, the question is as to who is senior between them.

(3.) The facts and circumstances as narrated in the writ petition are that the petitioner and the private respondent, in response to the advertisement dated 18.02.1999 issued by the Secretary, the Biramangol College, applied for appointment to the post of Lecturer in Statistics Department, the Biramangol College. Both of them being found to be eligible by the DPC, they were temporarily appointed to the post of Lecturer in Statistics Department vide separate order(s) dated 15.4.1999 issued by the Secretary, the Biramangol College, Manipur. Their services along with other teaching staff were confirmed to their respective posts vide order dated 14.07.2001 issued by the Secretary, the Biramangol College, Manipur wherein the name of the petitioner is shown at Sl. No. 7 while that of the private respondent at Sl. No. 6. On 30.7.01 an order was issued by the Secretary, the Biramangol College stating that the petitioner and the private respondent were placed in order of merit as per the recommendation of the DPC held on 20.03.1999. After about 14 years, the Principal, the Biramangol College vide its letter dated 15.01.2015 submitted a list of Teaching Faculty and Non-Teaching staff members to the Director, University and Higher Education, Manipur by showing the name of the private respondent above the petitioner. Similarly, while furnishing the information in respect of 14 lecturers to the Director, University and Higher Education, Government of Manipur by the Principal (i/c), the Biramangol College vide its letter dated 28.02.2015, the position as regards the seniority between the private respondent and the petitioner continued to remain the same. After her name being found to be shown after the private respondent, the petitioner vide her letter dated 13.05.2016 requested the Principal, the Biramangol College to rectify the error as regards the seniority list in the Department of Statistics, the Biramangol College followed by another letter dated 27.7.16 requesting him to maintain attendance register in proper order. Having not received any response from the Principal, the Biramangol College as requested by the petitioner, she submitted a representation dated 28.07.2016 to the Director, University and Higher Education, Government of Manipur requesting him to give a direction to the Principal, the Biramangol College for declaring the petitioner to be senior to the private respondent and in response thereto, the Director, University and Higher Education, Government of Manipur addressed a letter dated 12.8.2016 to the Principal, the Biramangol College requesting him to do the needful for rectification of the seniority list in the Department of Statistics followed by another letter dated 24.09.2016, for the same purpose, with details being given therein the basis of its letters. In its reply to the said letters, the Principal, the Biramangol College has stated that the private respondent is senior to the petitioner in terms of the confirmation order; that there is no resolution book in the College office for verification and that the information furnished by the Biramangol College in respect of 14 lecturers was based on the seniority list. Being aggrieved by the inaction on the part of the Principal, the Biramangol College pursuant to the letter dated 24.09.2016, the petitioner submitted a representation dated 05.12.2016 to the Director, University and Higher Education stating therein that the Principal, the Biramangol College has not honoured its two letters and therefore, a prompt and necessary action be taken by re-looking into the matter and the same is still pending for disposal by the respondents. Being aggrieved further by the inaction on the part of the respondents, the instant writ petition has been filed by the petitioner.