ABDUL GAFFAR Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THE petitioner by filing the present writ petition prayed, inter alia, for issuance of a writ of certiorari for quashing and setting aside the impugned order dated 28. 01. 03 issued by the Director of Horticulture and Soil Conservation, Manipur wherein and whereunder, the petitioner's engagement, as Muster Roll Peon, was discontinued with immediate effect coupled with prayer for a direction to the respondents to release the daily wages of the petitioner withheld by them, i. e. State respondents and also for a direction to reconsider the case of the petitioner for re-engagement as Muster Roll Peon.

(2.) HEARD Mr. HS Paonam, learned counsel for the petitioner and Mr. N. Ibotombi, learned State counsel for the respondents.

(3.) BRIEF facts, in a nutshell, necessary for disposal of this case are recapitulated as under: the present petitioner was engaged in various farm and progeny orchard cum nurseries as daily wage for production of various kinds of fruit plants etc. to meet departmental schemes and also public requirements and lastly at the time of filing this writ petition, was also working as Muster Roll Peon in the Department of Horticulture and Soil Conservation w. e. f. 10. 05. 94, as evident from the certificate dated 03. 07. 97 issued by the Deputy Director, HQ, (Horti. and Soil Conservation) Govt. of Manipur. Further case of the petitioner is that the State respondents, without regularizing his service, withheld wages from the period of December, 2000 till the date of issuance of the order of discontinuance. The petitioner also contends in the petition that some similarly situated daily Muster Roll (for short M. R.) Peons/ workers/chawkidars/ Malis were allowed to continue for discharging their duties/works, but the petitioner was discontinued. Some other M. R. workers, similarly situated, were also discontinued withholding their daily wages, as and when those M. R. workers approached this Court by way of filing writ petition, being W. P. (C) No. 540 of 2002 wherein this Court intervened and directed said authority, in compliance with the Court's direction, respondents of that case made payment of their wages withheld earlier. As the petitioner failed to approach this Court in time, his daily wages were withheld by the respondents. In all, the petitioner worked for about a period of almost 9 years and the respondent authority all on a sudden discontinued the petitioner as M. R. Peon vide order dated 28. 01. 03 (Annexure- A/3 to the writ petition) and as a result of which his livelihood is affected. Being aggrieved by the said order petitioner preferred present writ petition.