Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Manipur) 46

IN THE HIGH COURT OF MANIPUR AT IMPHAL
M.V. Muralidaran, J.
Kamei Peikhollu & Ors. - Appellants
Versus
State Of Manipur & Ors. - Respondents
WP(C) No. 279 of 2021, W.P.(C) No. 247 of 2021, W.P.(C) No. 280 of 2021, W.P.(C) No. 464 of 2021
Decided On : 12-04-2022

Advocates appeared:
Mr. A. Mohendro, Advocate, for the Petitioners; Mr. N. Kumarjit, AG, for the Respondents

IMPORTANT POINT
The impugned actions were quashed as they were issued in violation of the principles of natural justice and the directions of the court. The court found that the cancellation of the appointment orders and the rejection of the representations were not justified. The court also directed the reappointment of the petitioners to their respective posts within eight weeks.

Headnote:
Appointment Cancellation - Violation of Model Code of Conduct - 5.1.2017, 1.3.2021, 23.3.2021, 10.3.2021 - The impugned orders dated 5.1.2017, 1.3.2021, 23.3.2021, and the impugned notification dated 10.3.2021 are quashed. The respondent authorities are directed to reappoint the petitioners by issuing appointment orders to the respective posts which they earlier held pursuant to the notification dated 16.12.2016 and the appointment order dated 4.1.2017. The said exercise is directed to be completed within a period of eight weeks from the date of receipt of a copy of this order.
Fact of the Case:
The petitioners were appointed to various posts on 4.1.2017, but their appointments were cancelled on 5.1.2017 due to the Model Code of Conduct. The petitioners filed multiple representations, and the court directed the authorities to consider and dispose of the representations. However, the authorities rejected the representations and issued a notification for direct recruitment on 10.3.2021. The petitioners challenged these actions in the writ petitions.
Finding of the Court:
The impugned orders and notification were quashed as they were issued in violation of the principles of natural justice and the directions of the court. The court found that the cancellation of the appointment orders and the rejection of the representations were not justified. The court also directed the reappointment of the petitioners to their respective posts within eight weeks.
Issues: Violation of Model Code of Conduct, Cancellation of Appointment Orders, Rejection of Representations, Issuance of Notification for Direct Recruitment
Ratio Decidendi: The impugned actions were quashed as they were issued in violation of the principles of natural justice and the directions of the court. The court found that the cancellation of the appointment orders and the rejection of the representations were not justified. The court also directed the reappointment of the petitioners to their respective posts within eight weeks.
Final Decision: The impugned orders dated 5.1.2017, 1.3.2021, 23.3.2021, and the impugned notification dated 10.3.2021 are quashed. The respondent authorities are directed to reappoint the petitioners by issuing appointment orders to the respective posts which they earlier held pursuant to the notification dated 16.12.2016 and the appointment order dated 4.1.2017. The said exercise is directed to be completed within a period of eight weeks from the date of receipt of a copy of this order.

JUDGMENT

1. These writ petitions have been filed by the petitioners to quash the impugned orders dated 5.1.2017 and 1.3.2021 and the notification dated 10.03.2021 and to direct the respondents to re-appoint the petitioners by issuing appointment orders to the petitioners to the post of Quality Inspector, Lower Division Clerk, Office Assistant, Sore Handler and Peon-cum-Chowkidar as per the notifications dated 16.12.2016 issued by the Director, Consumer Affairs Food and Public Distribution), Manipur.

2. Heard Mr.A.Mohendro, learned counsel for the petitioners and Mr.N.Kumarjit, learned Advocate General for the respondents.

3. Since the challenge in these writ petitions and the issue involved are one and the same, all the writ petitions were heard together and disposed of by this common order.

4. Brief facts which led to the filing of the writ petitions are as follows:

On 16.12.2016, the Director of Consumer Affairs Food and Public Distribution, Manipur invited applications from the eligible and intending candidates for appointment to the posts of Civil Supply Inspector, Store Keeper, Quality Inspector and Lower Division Clerk/Office Assistant on temporary basis through sponsoring of candidates by the concerned employment exchange. On the same date, the Director had issued notification inviting applications for the post of Store Handler and Peon-cum-Chowkidar. The petitioners applied for different posts which were advertised in the said two advertisements and they were recommended by the Departmental Promotion Committee (DPC) for appointment in the Department of Directorate of Consumer Affairs, Food and Public Distribution vide orders on 4.1.2017 and offer forms were also issued to the petitioners against their selected posts.

5. Further case of the petitioners is that pursuant to the recommendation, they were appointed in their respective posts and they joined in their posts and attended office for about three months. However, the petitioners were not paid salary and when they enquired, they were informed by the respondents that their appointments had been cancelled and they were given a back-dated cancellation order dated 5.1.2017. Till date no fresh appointment order has been given to the petitioners despite assurance given by the respondents.

6. According to the petitioners, they have submitted multiple representations to the respondent authorities and the Chief Minister for revocation of the order dated 5.1.2017. But till date no action was taken on the representations, however, the respondent authorities proposed to consider direct recruitment for 154 nos. of posts. Aggrieved by the said proposal, the petitioners have filed W.P.(C) No.23 of 2021 seeking to reappoint the petitioners by issuing appointment orders to the post of Quality Inspector, Lower Division Clerk/Officer Assistant, Store Handler and Peon-cum-Chowkidar as per the notification dated 16.12.2016 and also sought restraint order not to fill up the post as proposed and keep the said posts unfilled till the disposal of the writ petition.

7. By the order dated 25.2.2021, the said writ petition was disposed of by directing the respondents to consider and dispose of the representation dated 9.11.2017 made by the petitioners by issuing a speaking order within a period of one month from the date of receipt of a copy of the order. However, to the shock, the Director (CAF & PD) issued notification dated 10.3.2021 inviting application from the eligible candidates for direct recruitment for filling up the posts of Quality Inspector, Lower Division Clerk/Office Assistant, Peon-cum-Chowkidar and Store Handler in the Department of CAF & PD. Challenging the same, the petitioners have filed these writ petitions.

8. In W.P.(C) Nos.247 and 464 of 2021, the petitioners therein apart from challenging the impugned order dated 5.1.2017, challenged the order dated 1.3.2021 rejecting the representation dated 9.11.2017 of the petitioners.

9. The first respondent filed affidavit-in-opposition st