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2025 DAILYLAW 1137 (MAN)

WAIKHOM PINTU CHANU AND 6 ORS v. STATE OF MANIPUR AND 10 ORS

WP(C)/381/2025 · 2025-05-07

Ahanthem Bimol Singh

body2025

Judgment text

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Item No. 1 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP (C) No. 381 of 2025 Waikhom Pintu Chanu; & 6 Ors. Petitioners Vs. State of Manipur; & 10 Ors. Respondents BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 08.05.2025 [1] Heard Mr. M. Hemchandra, learned senior counsel assisted by Ms. Rinika Maibam, learned counsel appearing for the petitioners and Mr. Shyam Sharma, learned GA appearing for the official respondents. In view of the limited prayer made on behalf of the petitioners and as agreed to by the learned counsel appearing for the parties, the present writ petition is being disposed of at the motion stage itself without issuing notice to the private respondent. [2] The case of the petitioner is that the authorities have issued the impugned transfer orders thereby allowing junior persons to hold the charge of higher post by overlooking the senior persons including the petitioners as reflected in the final seniority list. In order to redress the KABOR AMBAM SAPANA CHANU Digitally signed by KABORAMBAM SAPANA CHANU Date: 2025.05.08 16:10:21 +05'30' grievances of the present petitioners, they have already approached the concerned authorities by filing a detailed representation dated 03.04.2025 and the said representation is still pending for consideration and disposal. The learned senior counsel submitted that the petitioners will be satisfied for the time being if the present writ petition is disposed of by directing the Principal Secretary/ Commissioner (Works), Government of Manipur, to consider the said representation on its own merit and strictly in terms of the transfer policy of the State Government dated 03.10.2020 and also keeping in view the seniority position of the petitioners as well as the private respondents and to dispose of the same by issuing a speaking order within a stipulated period. [3] Mr. Shyam Sharma, learned GA appearing for the official respondents fairly submitted that as the prayer of the petitioners is confined to the consideration and disposal of the representation submitted by them, he has no objection in disposing of the present writ petition as prayed for by the learned senior counsel appearing for the petitioners. The learned GA, however, submitted that a rider may be aided that at the time of consideration and disposal of the representation, the authorities may give an opportunity to all the stakeholders, including the present petitioners and the private respondents, to have a say in the matter and after considering their objections, if any, any appropriate order as deemed fit and proper may be passed by the authorities. [4] Taking into consideration, the submission advanced by the learned counsel appearing for the parties, this Court is of the considered view that it will be in the interests of justice to dispose of the present writ petition with the following directions:- (1) The Principal Secretary/ Commissioner (Works), Government of Manipur, is hereby directed to consider the aforesaid representation dated 03.04.2025 submitted by the petitioners on its own merit and strictly in terms of the transfer policy issued by the State Government dated 03.10.2020 and also keeping in view the inter seniority of all the officers; (2) At the time of consideration of the said representation, the authority must give an opportunity of being heard to all the stakeholders including the present petitioners and private respondents and after considering their grievances or any objections, any appropriate order as deemed fit and proper may be passed. (3) It is made clear that the exercise should be complete within a period of 3 months from the date of receipt of a certified copy of this order. [5] With the aforesaid direction, the present writ petition is disposed of. JUDGE Sapana