THE UNION OF INDIA Vs. SMT. VANRAMNGHAKI

JUDGEMENT

(1.) This writ appeal is against the judgment and order dated 9th September, 2011 of the learned Single Judge passed in W.P. (C) No. 86/2010. By the said judgment, while interfering with the communication dated 13th August, 2011 of the Government of Mizoram in the Social Welfare Department directing the Mizoram State Social Welfare Board to cancel the order of regularisation of the services of the writ petitioners earlier passed, the learned Single Judge has upheld the said earlier order dated 12th May, 2010, by which the services of the petitioners were regularised. The learned Single Judge has also issued the following directions :-

(2.) In the writ appeal, the appellants have contended that the order of regularisation had to be withdrawn inasmuch as the procedure required to be followed was not followed. It has also been contended that the writ Court could not have ordered for regularisation of the services of the writ petitioners against the earlier decision of the Government. The appellants have also referred to the order dated 10th April, 2012 passed in another writ petition being W.R (C) No. 271/2012, Bimola Devi v. State of Manipur and Ors., in which the direction was to consider the case of the petitioner for regularisation of her service.

(3.) In the affidavit filed by the appellants, it has been contended that the Government of India is willing to adjust the services of the writ petitioners in other State Social Welfare Boards. According to them, the writ petitioners have denied to give their consent to work outside the State of Mizoram. For a ready reference, paragraph 6 of the affidavit filed on 28th January, 2015 is reproduced below :-