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2025 DAILYLAW 1429 (MAN)

MD. BASHIR KHAN v. THE FOOD CORPORATION OF INDIA AND 4 OTHERS

WP(C)/632/2021 · 2025-04-17

A Guneshwar Sharma

Writ Petition (Civil)body2025

Judgment text

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WP(C) No. 632 of 2021 Item No. 68 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 632 of 2021 Md. Bashir Khan. …Petitioner - Versus - The Food Corporation of India & 4 Ors. …Respondents B E F O R E HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA O R D E R 17-04-2025 [1] Present Mr. H.S. Paonam, learned senior counsel assisted by Ms. Malemleima H., learned counsel for the petitioner; Mr. W. Darakeshwar, learned counsel for the FCI; and Mr. W. Niranjit, learned Dy. Government Advocate on behalf of respondent Nos. 4 & 5. [2] By the present writ petition, the petitioner, who is a Home Guard personnel, was utilized in the FCI Office and his pay and allowances are to be paid by the FCI in terms of the agreement between the FCI and the Commandant of the Home Guard. [3] It is stated that the petitioner was released by the FCI without any written order. It is also stated that vide order dated 05-01-2021 issued by the Commandant, Home Guard (VA), Government of Manipur, the petitioner was called out for duty as paid-by Home Guard member from the Reserved Strength of Home Guards (Paid by Other Department) and posted at FSD, Sangaiprou, against the existing vacancy and until further orders. However, the petitioner is not allowed to join without any specific order. WP(C) No. 632 of 2021 [4] It is submitted that the writ petition may be disposed of by directing the Commandant of the Home Guard to consider the case of the petitioner for call out for duty in the next vacancy on priority basis, if available. [5] Mr. W. Darakeshwar, learned counsel for the FCI, submits that the FCI has nothing to do with the matter and the matter is between the petitioner and the Commandant, Home Guard (VA), Manipur. [6] Mr. W. Niranjit, learned Dy. Government Advocate for the State respondents, submits that the writ petition may be disposed of as prayed for by the learned senior counsel for the petitioner during the course of hearing. [7] This Court has considered the material on record and admitted the prayer made during the course of hearing. [8] The writ petition is disposed of by directing respondent No. 5, i.e. the Commandant, Home Guard (VA), Government of Manipur to consider the case of the petitioner for call out for duty in the next vacancy on priority basis by any department issued by respondent No. 5. [9] With this observation, the writ petition is disposed of. JUDGE Victoria NINGOM BAM VICTORI A Digitally signed by NINGOMBAM VICTORIA Date: 2025.04.22 10:33:10 +05'30'