Soram Prabhabati Devi vs State Of Manipur & 2 Ors

Lanusungkum Jamir, J

(Video Conference)

Heard Mr. M. Hemchandra, learned senior counsel appearing for the petitioner. Also heard Mr. Shyam Sharma, learned GA appearing on behalf of

the respondents.

The petitioner was appointed and called out for duty as Women Home Guard w.e.f., 02-05-1992 by order dated 21st April, 1992. The petitioner was

given promotion to the rank of Sergeant w.e.f., 30-12-1993 by order dated 30-12-1993. The petitioner was again given promotion to the rank of Junior

Platoon Commander w.e.f., 14-09-1994 by order dated 14-09-1994. The petitioner was further given promotion to the rank of Senior Platoon

Commander w.e.f., 27- 03-1996 by order dated 27-03-1996. Again, the petitioner along with 4 (four) others were promoted to the rank of Company

Commander, Home Guard w.e.f., 8th July, 2014 by order dated 08-07-2014.

It is submitted that the petitioner is the recipient of the prestigious ""Good Service Award, 2005-2006"" and has also completed successfully 45 (forty-

five) days Refresher Training Course with Arms and Firing. The petitioner is also a recipient of ""Home Guards and Civil Defence Medal for

Meritorious Service"" awarded on 15th August, 2018. The further case of the petitioner is that, the Commandant Home Guards (VA) by letter dated

29th January, 2015 recommended the case of the petitioner to the Director General of Police (HQ) Manipur for giving promotion to the post of

Divisional Commandant.

In the meantime, it is alleged by the petitioner that some of her juniors were promoted to the post of Divisional Commandant. It is also submitted that

under the Manipur Home Guards Act, 1989 (as amended) and Manipur Home Guards Rules, 1996, the petitioner is eligible and qualified for

consideration for promotion to the post of Divisional Commandant. However, as the same has not been done, the petitioner made a representation

dated 17th May, 2021 addressed to the Chief Secretary (Home), Government of Manipur, The Commandant General (Home Guards) -cum-Director

General of Police, Manipur and The Commandant, Home Guards (VA), Manipur.

The said representation is yet to be considered by the respondents till date.

In that view of the matter, this Court proposes to dispose of the writ petition with a direction to the respondents to dispose of the representation dated

17th May, 2021.

Mr. Shyam Sharma, learned GA has no objection for disposal of the representation.

Accordingly, this writ petition is disposed of directing the respondent No. 2/Commandant General, Home Guards cum Director General of Police,

Manipur to dispose of the representation dated 17th May, 2021 made by the petitioner in accordance with law by taking into consideration the Manipur

Home Guards Act, 1989 (as amended) and Manipur Home Guards Rules, 1996 within a period of two months from the date of receipt of this order.

While considering the representation dated 17th May, 2021, the respondent No. 2 may also take into consideration the letter dated 29th January, 2015

written by the Commandant, Home Guard (VA), Manipur to the Director General of Police (HQ), Manipur.

With the above observations and directions, writ petition stands disposed of.

Consequently, WP(C) No. 4 of 2018 and MC(WP(C)) No. 125 of 2021 also stands disposed of.