IN THE HIGH COURT OF MANIPUR AT IMPHAL
AHANTHEM BIMOL SINGH
Laishram Kingson – Appellant
Versus
State of Manipur – Respondent
| Table of Content |
|---|
| 1. petitioner's request relates to die-in-harness scheme. (Para 2) |
| 2. arguments regarding consideration and rejection of petitioner's application. (Para 3 , 4 , 5 , 6) |
| 3. court closes writ petition as infructuous. (Para 7) |
JUDGMENT :
AHANTHEM BIMOL SINGH, J.
Heard Mr. N. Jotendro, learned senior counsel assisted by Md. Abdul Baqee Khan, learned counsel appearing for the petitioner and Mrs. L. Monomala, learned GA appearing for the respondents.
[2] The present writ petition has been filed with a prayer for issuing a direction to the authorities to consider the case of the petitioner for his appointment to any suitable posts commensurate with his educational qualification under the Die-in-harness scheme.
[3] The learned senior counsel appearing for the petitioner submitted that the present writ petition can be disposed of by issuing a direction to the respondents to consider the application submitted by the petitioner on its own merit and strictly in terms of the applicable scheme for appointment under the Die-in-harness scheme.
[4] Mrs. L. Monomala, learned GA appearing for the respondents submitted that the case of the petitioner for his appointment under the Die-in-harness
A writ petition for appointment under the Die-in-harness scheme is infructuous if the petitioner does not challenge the prior rejection communicated to them.
The principle of res-judicata bars re-litigation of issues already decided, affirming the petitioner's entitlement to appointment under the Die-in-Harness Scheme despite previous rejections.
The court directed that applicants under the Die-in-Harness Scheme be allowed to resubmit applications and have their cases considered in accordance with a new Office Memorandum, ensuring fairness an....
The authority has a duty to consider and pass orders on representations submitted to prevent prejudice to the concerned party.
Compassionate appointments must be resolved promptly, necessitating the creation of supernumerary posts when regular vacancies are unavailable.
The court enforced the prompt issuance of a compassionate appointment under the Die-in-Harness Scheme, emphasizing compliance with government timelines for appointments.
The duty of the respondent authorities to interpret and apply the die-in-harness scheme correctly, consider compassionate appointments in a timely manner, and obey court orders.
The right to compassionate appointment is subject to procedural requirements, and the court allows submission of proper application for consideration.
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