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2025 DAILYLAW 3020 (MAN)

MATHURBASHIMAYUM BABU SHARMA v. STATE OF MANIPUR AND 3 OTHERS

WP(C)/226/2023 · 2025-10-09

Ahanthem Bimol Singh

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Judgment text

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Page 1 Item No. 66 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP (C) No. 226 of 2023 Mathurbashimayum Babu Sharma Petitioner Vs. State of Manipur; & 3 Ors. Respondents BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 10.10.2025 [1] Heard Mrs. L. Sillori, learned counsel appearing for the petitioner and Mr. Th. Vashum, learned GA appearing for the respondents. [2] The present writ petition has been filed seeking the following relief:- “(i) to admit this petition for hearing; (ii) after hearing the parties to quash and set aside the impugned order dated 22-02-2018 (Annexure-B/7) as illegal and arbitrary; (iii) to direct the respondent to allow to submit necessary document as done for similar situated person after submitting joint application dated 06-10-2017 KABOR AMBAM SAPANA CHANU Digitally signed by KABORAMBAM SAPANA CHANU Date: 2025.10.10 15:41:32 +05'30' Page 2 iv) to issue a writ in the nature of Mandamus for directing the respondents to consider the case of the petitioner in terms of his application dated 06-10- 2017 (Annexure-B/5) by according concurrence of the Department of Personnel, Govt. of Manipur for appointment under the Die-in-harness scheme of the Govt. of Manipur and (v) to pass any other further writ/order/direction as may deem fit and appropriate in the nature of the case for the ends of justice.” One of the main prayer sought for by the petitioner is for quashing and setting aside the order dated 22.02.2018 issued by the Secretariat: Power Department by which the claim of the petitioner for his appointment under the Die-in-harness scheme has been declined by the authorities. In the said order, the name of the petitioner is at serial No. 14 and the ground given for rejection is that the DP does not concur with the proposal as the applications were not valid as per DP’s OM dated 06.06.2007. [3] It has been submitted by Mrs. L. Sillori, that the authorities rejected the petitioner’s claim on the aforesaid ground without Page 3 giving to the petitioner any opportunity to clarify the matter or to submit any representation before rejecting his claim. It has also been submitted by the learned counsel that subsequent to filing of this writ petition, the petitioner has already submitted a representation dated 22.07.2024 to the concerned authorities of the State Government and the said representation is pending for consideration and disposal. It has further been submitted by the learned counsel for the petitioner that the present writ petition can be disposed of by directing the Commissioner (Power), Government of Manipur to consider the said representation dated 22.07.2024 submitted by the petitioner on its own merit and strictly in terms of applicable guidelines and to dispose of the same by issuing appropriate order within a stipulated period. [4] Mr. Th. Vashum, learned GA appearing for the respondents fairly submitted that as the prayer made on behalf of the petitioner is confined to the consideration and disposal of the representation submitted by him, he has no objection in disposing of this writ petition as prayed for by the learned counsel appearing for the petitioner. Page 4 [5] Considering the submission made by the learned counsel appearing for the parties and on perusal of the record, this Court is of the considered view that it will be in the interest of justice to issue the following directions:- 1) The Commissioner (Power), Government of Manipur is hereby directed to consider the representation dated 22.07.2024 on its own merit and strictly in terms of applicable guidelines and to dispose of the same by issuing appropriate order. 2) The whole exercise should be completed within a period of 2 months from the date of receipt of a certified copy of this order. 3) It is made clear that the above aforesaid directions have been issued by this Court without touching on the merit of this writ petition. [6] With the aforesaid directions, the present writ petition is disposed of. JUDGE Sapana