KONJENGBAM IBOMCHA SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THE challenge in this writ petition is to the order of the Government of Manipur being No. 12 (HC)/7/2001-SE (S) PT, Imphal the 04. 10. 2006 cancelling the order of the Director of Education (S), dated 22. 07. 2002 and also order dated 22. 05. 2004 for adjustment of the appointment as Primary teacher for that the petitioner cannot be appointed under the die-in-harness scheme when his siser in law Smt. K. Atem Devi, w/o Late K. Shamu Singh has been allowed to enjoy special pension and also that learned counsel for the petitioner has admitted in the writ appeal being W. A. No. 208 of2002 filed by the State government that the petitioner was not entitled to get appointment under the die-in-harness scheme in connection with the death of his elder brother namely, K. Shamu Singh inasmuch as wife of the deceased was getting special pension under Rule 4 of the Manipur Services (Special Pension) Rules,1982.

(2.) HEARD Mr. Kh. Tarunkumar, learned counsel for the petitioner as well as Mr. S. Nepolean,learned GA appearing for the respondents.

(3.) THE petitioner being the real brother of late K. Shamu Singh filed representation dated 25. 6. 1994 to the Superintendent of Police, Government of Manipur for appointing him to the post of ASI under the said die-in-harness scheme dated 31. 08. 1992. The Additional Secretary (H), Government of Manipur, under this letter dated 20. 03. 1998 requested the Deputy Secretary (DP), Government of Manipur for taking further necessary action for appointment of the petitioner i. e. younger brother of late K. Shamu Singh i. e. constable No. 867008 as Primary Teacher in Education Department under the die-in-harness and the Deputy Secretary (DP), Government of Manipur under his letter dated 1. 3. 1999 requested the Secretary, Education (S), Government of Manipur to consider the petitioner for appointment to any suitable post in the Education Department under the die-in-harness. Even after many correspondences between the Home Department and the Education Department,government of Manipur for appointing the petitioner to any suitable post in the Education Department, Government of Manipur, the Education Department did not consider the petitioner for appointment to any suitable post. Aggrieved, the petitioner approached this court by filing WP (C) No. 68 of 2001 before this Court for giving necessary direction to the State respondents to appoint the petitioner to any suitable post. The said writ petition was disposed of by a common judgment and order dated 14. 3. 2001 passed in WP (C) No. 68 of 2001 and batch directing the State respondents to afford appointment to those writ petitioners in whose favour approval letters had been issued by the Government for appointment under the die-in-harness scheme commensurate with their educational qualification. Later on, pursuant to the said common judgment and order of this court dated 14. 3. 2001 the Director, Education (S), Government of Manipur in pursuance of the approval of the Government under their letter No. 12 (HC)/306/2001-SE (S) Pt dated 20. 07. 2002 issued order being No. 46/10/2002-ED (V) Imphal, 22nd July 2002 for appointing the petitioner as Grade-IV under the die-in-harness scheme in the Eastern Ideal Girls' High School. The petitioner, who is eligible for appointment as primary teacher, was later on adjusted by the Director of Education (S), Government of Manipur by issuing appointment order/adjustment order being No. 46/10/2002-ED (V) Imphal 22nd May 2004 to the post of Primary Teacher in Tulihal Primary School vice Shri T. Ibohal Singh.