LAWS(GAU)-2009-1-44

MOIRANGTHEM NABACHANDRA SINGH Vs. STATE OF MANIPUR

Decided On January 07, 2009
Moirangthem Nabachandra Singh Appellant
V/S
STATE OF MANIPUR Respondents

JUDGEMENT

(1.) THESE two writ petitions being W. P. (C) No. 315 of 2002 and W. P. (C) No. 756 of 2007, wherein common and related questions of law and facts are involved, are heard and proceeded jointly.

(2.) I have heard the parties in both the cases through their respective counsel. Undisputed facts leading to the filing of these two cases are as follows :-

(3.) ON the basis of additional documents filed by the said petitioners of W. P. (C) No. 315 of 2002, through Misc. Civil Case No. 128/07 and also from the pleadings of the Government respondents in their counter-affidavit, it is ascertained that the petitioners of the W. P. (C) No. 315 of 2002 filed a Civil Review Application being No. 4/2003 for reviewing the common order dated 7. 6. 2000 passed by the Division Bench disposing of the Contempt Case No. 221/99 and others connected cases including W. P. (C) No. 760/99. The said Civil Review Appln. No. 4/2003 was disposed of on 31. 3. 2003 after noting the grievances of the review applicants but without interfering with the common order dated 7. 6. 2000. The Review Court noted the submissions made on behalf of the review applicants that the order dated 7. 6. 2000 was passed in a proceeding where they were not parties and as such, without hearing them and that the allotment of posts of Hindi Graduate Teachers to 100 Grant-in-Aid High Schools was on the basis of a Centrally Sponsored Scheme and not in compliance with the directions issued by the Court in Civil Rule No. 1047 of 1995. The Review Court was of the view that the observations and/or directions contained in the common order dated 7. 6. 2000 in so far as the implementation of the directions in C. R. No. 1047/95 were concerned, did not merit any reconsideration and as such, the said authorities were therefore, required to comply with the same. The Review Court held at para 13 of its judgment dated 31. 3. 2003 as follows:-