Ningthoujam Sangita Devi vs State Of Manipur

KH. Nobin Singh, J

(Video Conference)

[1] Heard Shri N. Jotendro, learned Senior Advocate appearing for the petitioner and Smt. L. Monomala, learned Government Advocate appearing for the respondents.

[2] According to the petitioner, she obtained her B.A. English Honours in First Division from Manipur University in the year 2012 and passed her M.A. English in High Second Class from the Indira Gandhi National Open University in the year 2015. After having obtained her post graduate qualification, she applied for the post of Lecturer in English at Kakching Khunou College, Kakching Khunou and the Governing Body vide it resolution dated 13-08-2016 allowed her appointment but she was appointed only on 11-01-2017 in the English Department. Accordingly, the petitioner joined her service on 12-01-2017 which was later treated to have been joined by her with effect from 13-08-2016.

[3] In the meanwhile, the State Government took over six Government Aided Colleges including the Kakching Khunou College, Kakching Khunou with 519 Approved and Un-approved Teaching Staffs and 207 Approved and Un-approved staffs.

[4] The petitioner approached this Court by way of a writ petition being W.P. (C) No. 761 of 2018 praying for considering her case as her case was similar to that of the petitioner in W.P. (C) No. 577 of 2018 and other analogous matters wherein this Court directed the authorities concerned to consider the representation. With the same analogy, her writ petition was disposed of on 27-08-2019 directing the respondents to consider her case in terms of the order dated 10-12-2018 within a period of three months therefrom. After the disposal of her writ petition, she discovered a corrigendum notification issued on 08-03-2017 allowing her to join with effect from13-08-2016 wherein it was stated that the mistake was committed by the Secretary of the Governing Body. Although the said Corrigendum was issued long back, it was kept concealed by the then Secretary of the Governing Body. Immediately thereafter, the petitioner submitted a representation dated 28-02-2020 requesting the Commissioner (Hr. Edn.) to consider her case. As her representation was not disposed of, she approached this court by way of a writ petition being W.P. (C) No. 269 of 2020 which was disposed of on 10-06-2020 directing the authorities to consider her representation. The authorities after having considered her representation dated 28-02-2020 rejected it on various grounds, one of which being that the name of the petitioner was not included in the list of Teaching Staffs submitted by the Principal, Kakching Khunou College.

[5] The grievance of the petitioner is that prior to her appointment on 11-01-2017, the petitioner had been allowed to discharge her duties in good faith on the assumption that her appointment should be issued with retrospective effect from 13-08-2016 as is evident from the letter dated 13-12-2016. According to the petitioner, in the Cabinet decision taken on 28-03-2018, no time limit was given for absorption of the Teaching and Non-Teaching Staffs and therefore, the said representation dated 28-02-2020 was submitted by her. The further case of the petitioner is that her representation had not been properly considered taking into account the aforesaid circumstances and hence, the instant writ petition was filed by her.

[6] When the matter is taken up for consideration, it has been submitted by the learned counsel appearing for the petitioner that the instant writ petition can be disposed of by passing an innocuous order and accordingly, the instant writ petition stands disposed of with the direction that the respondents shall consider and dispose of her representation dated 28-02-200 within a period of one month from the date of receipt of a copy of this order by issuing a speaking order in respect thereof.