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2025 DAILYLAW 1471 (MAN)

Ngangbam Jyotisana Devi v. The Council Of Higher Secondary Education Manipur And Anr

WP(C)/510/2024 · 2025-02-13

Ahanthem Bimol Singh

Writ Petition (Civil)body2025

Judgment text

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WP(C) No. 510 of 2024. Page 1 Item No. 18 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 510 of 2024 Ngangbam Jyotisana Devi …Petitioner/s Vs. The Council of Higher Secondary Education Manipur & anr. …Respondent/s -B E F O R E- HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 13.02.2025 Heard Mr. Ng. Jotindra Luwang, learned counsel appearing for the petitioner and Mr. Y. Nirmolchand, learned senior counsel assisted by Mr. L. Raju, learned counsel appearing for respondent No. 1. None appeared for respondent No. 2 despite service of notice. [2] At the outset, Mr. Y. Nirmolchand, learned counsel appearing for respondent No. 1 submitted that respondent No. 1 has taken a decision in the counter affidavit filed by it that without disturbing the appointment of the respondent No. 2, the authorities will consider the case of the present petitioner for her appointment as Lower Division Assistant (LDA) in the Council of Higher Secondary Education Manipur (COHSEM) against the available vacant post. [3] Mr. Ng. Jotindra Luwang, learned counsel appearing for the petitioner submitted that the present petition can be disposed of in terms of the decision taken by the respondents. However, the learned counsel further submitted that if the petitioner is to be LAISHRA M DHAKESH ORI DEVI Digitally signed by LAISHRAM DHAKESHORI DEVI Date: 2025.02.13 13:29:55 +05'30' WP(C) No. 510 of 2024. Page 2 appointed, such appointment may be made effective from the date private respondent No. 2 has been appointed i.e. w.e.f. 14-11-2023. In response, Mr. Y. Nirmolchand, learned senior counsel appearing for respondent No. 1 submitted that if the petitioner is to be appointed w.e.f. the date when the respondent No. 2 has been appointed, such appointment may be made notionally without any financial benefit and the petitioner may be given financial benefit only w.e.f. the date the appointment order is issued. [4] Considering the submission advanced by the counsel appearing for the parties and on perusal of the record, this Court is of the considered view that the interest of justice will be served by issuing the following directions:- (i) The respondent No. 1 is hereby directed to consider the case of the petitioner for her appointment against the available vacant post of Lower Division Assistant (LDA) in the Council of Higher Secondary Education Manipur (COHSEM) and to appoint her as LDA notionally w.e.f. 14- 11-2023; (ii) It is made clear that the petitioner will be entitled to financial benefits only w.e.f. the date her appointment order is issued. However, she will be entitled to get all the other service benefits w.e.f. the date her appointment has been given. (iii) It is made clear that the whole exercise should be completed within a period of 2(two) months from the date of receipt of a certified copy of this order. WP(C) No. 510 of 2024. Page 3 [5] With the aforesaid directions, the present petition is disposed of. JUDGE Dhakeshori