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2025 DAILYLAW 2496 (MAN)

SMT. Laishram Bejalee Devi v. State of Manipur and 2 Ors

MC(WP(C))/851/2025 · 2025-12-03

A Guneshwar Sharma

Writ Petition (Civil)body2025

Judgment text

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Item No. 1-2 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 926 of 2025 with MC(WP(C) No. 851 of 2025 Laishram Bejalee Devi …..Petitioner/s - Versus – State of Manipur & 2 Ors. .... Respondent/s BEFORE HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA Order 04.12.2025 [1] Present Mr. Th. Khagemba, learned counsel for the petitioner, Mr. S. Nepolean, learned Sr. G.A. assisted by Mrs. RK. Emily, learned Dy. G.A. on behalf of the State respondent Nos. 1 & 2 and Mr. N. Kumarjit, learned senior counsel assisted by Mr. Monish Anand, learned counsel for respondent No. 3. [2] In the present writ petition, the petitioner is challenging the impugned transfer order dated 17.11.2025 issued by the Under Secretary (Social Welfare), Government of Manipur making transfer and posting in the rank of Supervisor, ICDS Project, Imphal involving four incumbents. [3] The petitioner who is earlier posted at ICDS Project, Imphal East-II is transferred to ICDS Project, Imphal West-I whereas respondent No. 3 in ICDS Project Khoupum is brought to Imphal East-II in place of the petitioner. [4] It is the case of the petitioner that recently vide order dated 01.10.2025, she is transferred from ICDS Project, Kakching to the present place of posting ICDS Project, Imphal East-II and within a period of 45 days, the transfer order is issued. [5] It is stated that the same is in contravention of the transfer policy framed by the State Government vide notification dated 12.05.2022 wherein it is stated that minimum tenure is one year and six months and maximum is three years and physically challenged persons are to be preferred within their stations. [6] The writ petition is mainly filed for violation of the minimum tenure and preference to the local stations of the physically challenged persons. [7] Mr. S. Nepolean, learned G.A. submits that earlier the petitioner was also brought back within a few months. In the present case, having got benefit of transfer in Imphal in contravention of the scheme, the petitioner cannot now plead that the impugned order is in contravention of the policy. [8] Mr. N. Kumarjit, learned senior counsel for respondent No. 3, submits that respondent No. 3 was earlier posted in Imphal East- II and in order to adjust the petitioner, she has been shifted to Khoupum and the present impugned order is issued to rectify the injustice done to her. It is also submitted that the present posting at Imphal West-II is more nearer and convenience to the petitioner. [9] When the matter was listed on 27.11.2025, Mr. S. Nepolean, learned G.A. sought some time for taking instruction. Mr. S. Nepolean, learned G.A. also prays for some time to get proper instruction. [10] However, Mr. Th. Khagemba, learned counsel for the petitioner, with all fairness and on instruction, submits that writ petition may be disposed of at this stage by observing that the tenure of the petitioner at Imphal West-I be for maximum period of three years as per the notification dated 12.05.2022. [11] However, Mr. S. Nepolean, learned G.A., submits that it may not be proper for this Court to fix the tenure of the posting as the same is purely administrative convenience of the department. [12] Mr. N. Kumarjit, learned senior counsel for respondent No. 3, has no objection in disposing the writ petition as suggested by Mr. Th. Khagemba, learned counsel for the petitioner. [13] This Court has perused the materials on record, especially last few transfer orders and the transfer policy dated 12.05.2022. As per the transfer policy framed by the State Government, the minimum tenure is one year and six months and maximum is three years. There are other conditions such as posting in the home station for retiring persons and physically challenged persons be referred to the local stations. The policy also provides that the Chief Minister has the power to relax any of the conditions mentioned in para III of the notification in deserving cases. [14] Both the petitioner and respondent No. 3 have availed benefits of transfer not strictly in terms of the notification dated 12.05.2022. However, without expressing any opinion on the relevant merit of the case and on the submissions of the learned counsel for the petitioner, writ petition is disposed of. In future transfer, especially in the Social Welfare Department, the notification dated 12.05.2022 be strictly complied as far as possible. [15] With this observation, writ petition is disposed of. Misc. application is also disposed of. [16] Furnish a copy of this order to the learned counsel for the parties. JUDGE Kh. Joshua Maring KH. JOSHUA MARING Digitally signed by KH. JOSHUA MARING Date: 2025.12.05 11:46:57 +05'30'