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2025 DAILYLAW 2023 (MAN)

Md Siraj Khan v. State of Manipur and 2 others

WP(C)/762/2024 · 2025-05-15

Ahanthem Bimol Singh

Writ Petition (Civil)body2025

Judgment text

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WP(C) No. 762 of 2024 Contd…/- IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 762 of 2024 Md. Siraj Khan … Petitioner Vs. State of Manipur & ors. … Respondents B E F O R E HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH O R D E R 16-05-2025 Heard Mr. Eengba, learned counsel appearing for the petitioner and Mrs. L. Monomala, learned GA appearing for the respondents. The present writ petition has been filed with the prayer for directing the respondents to consider the case of the petitioner for his appointment against any suitable post commensurate with his educational qualification under the Die-in-Harness Scheme within a stipulated period. In the present case, the petitioner’s mother, viz., (L) Abeda Bibi, while serving as Peon in the Minor Irrigation Department, Government of Manipur, expired on 04-04-2003. Subsequently, the petitioner submitted an application dated 22-04-2003 to the Chief Engineer, Minor Irrigation Department, Government of Manipur, with a request for appointing him against any suitable post under the Die-in-Harness Scheme in order to mitigate the hardship being faced by the family members due to sudden demise of the bread earner of the family. IN. 25 SHOUGRAKPAM DEVANANDA SINGH Digitally signed by SHOUGRAKPAM DEVANANDA SINGH Date: 2025.05.19 11:05:36 +05'30' WP(C) No. 762 of 2024 Contd…/- It is on record that the authorities duly processed the case of the petitioner for his appointment under the Die-in-Harness Scheme. However, there is much delay on the part of the authorities in considering the case. Having been aggrieved, the petitioner approached this court by filing the present writ petition. In the affidavit-in-opposition filed on behalf of the Commissioner/ Secretary (MI), Government of Manipur, the averments made by the petitioner in his writ petition are not disputed in any manner. It is also on record that in the said affidavit-in-opposition, a letter dated 27-01-2025 from the Chief Engineer, Minor Irrigation Department, Manipur, addressed to the Commissioner (MI), Government of Manipur is enclosed as Annexure – B/1. On perusal of the said letter, it has been revealed that the petitioner is at Sl. No. 2 of the Seniority List dated as on 31-08-2018 maintained by the Minor Irrigation Department of the applicants, who are seeking for appointment under the Die-in-Harness Scheme. It is also clearly stated that the person, who was at Sl. No. 1 viz., Md. Mujibur Rahman, had already been given appointment in the month of December, 2020 and as on today, the petitioner is at Sl. No. 1 of the said Seniority List. It has also been clearly stated by the said Chief Engineer that the petitioner is qualified and eligible in every respect for his appointment under the Grade – IV post in the Minor Irrigation Department in terms of the applicable Die-in-Harness Scheme and the Chief Engineer had requested the authorities to take appropriate decision in the matter and to convey the approval of the Government for issuing necessary orders of appointment of the petitioner. Taking into consideration the undisputed factual position, this court is of the considered view that the present writ petition can be disposed of with the following directions:- -2- WP(C) No. 762 of 2024 Contd…/- (i) The respondents are hereby directed to expedite the process for appointment of the petitioner under the Die-in- Harness Scheme against any suitable post commensurate with his educational qualification in terms of the relevant Die-in-Harness Scheme; and (ii) It is made clear that the whole process should be completed within a period of two months from the date of receipt of a certified copy of this order. With the aforesaid directions, the present writ petition is disposed of. JUDGE Devananda -3- WP(C) No. 762 of 2024 Contd…/- IN THE HIGH COURT OF MANIPUR AT IMPHAL MC(WP(C)) No. 661 of 2024 (Ref:- WP(C) No. 762 of 2024) Md. Siraj Khan … Petitioner Vs. State of Manipur & ors. … Respondents B E F O R E HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH O R D E R 16-05-2025 In view of the order passed today in the connected main writ petition, the present application stands closed. JUDGE Devananda IN. 26 SHOUGRAKPAM DEVANANDA SINGH Digitally signed by SHOUGRAKPAM DEVANANDA SINGH Date: 2025.05.19 11:10:27 +05'30'