JUDGEMENT & ORDER :

A.GUNESHWAR SHARMA, J.

[1] Heard Mr. Kh. Tarunkumar, learned senior counsel assisted by Ms. Kh. Maria, learned counsel for the petitioner and Mr. M. Rarry, learned senior counsel assisted by Ms. M. Nikita, learned counsel for the State respondents.

[2] The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India praying for quashing the impugned Order bearing No. PCB/234/98-99(Pt.) dated 29.01.2009 issued by the Member Secretary, Manipur Pollution Control Board, Imphal, being malicious, arbitrary, vindictive and illegal as the same was issued under colourable exercise of power and not for the purpose stated in the order.

The brief facts of the case:

[3] The petitioner, Smt. Kh. Suchitra Chanu was appointed as Sr. Scientific Assistant (SSA) (Contract) in the Manipur Pollution Control Board, Imphal (MPCB) at the monthly consolidated pay of Rs. 3,000/- until further orders, vide order dated 09.03.1999 issued by the Member Secretary, MPCB, Imphal.

[4] It may be noted that by the same order one Smt. Ch. Landhoni Devi was also appointed as Laboratory Asstt. (Casual) at the consolidated pay of Rs. 1,549.50/-.

[5] Vide another order dated 01.04.2003 issued by the Member Secretary, MPCB, the petitioner was appointed as SSA in the scale of Rs. 5000-150-8000/- per month against one of the posts of SSA created, until further order.

[6] The petitioner submitted a representation dated 20.10.2006 to the Chairman, MPCB for paying her due salaries as SSA in the scale of Rs. 5000-8000/- w.e.f. 01.04.2003, the day she was given regular appointment to the post of SSA.

[7] Vide O.M. dated 13.11.2006 issued by Member Secretary, MPCB, all the 35 Casual and 7 Contract Staff of the Board were directed to submit the “Standard Agreement Format for Engagement on Contract Basis” duly signed by the concerned employee on or before 17.11.2006, without fail.

[8] The petitioner submitted a representation dated 16.11.2006 to the Member Secretary, MPCB stating that she had been appointed on regular basis vide order dated 01.04.2003 in the post of SSA and she was not required to sign the Standard Agreement Format for Engagement on contract basis. Thereafter, the Chairman, MPCB issued show cause notice dated 06.12.2006 to the petitioner for failure to submit “Standard Agreement Format for Engagement on contract basis” within the stipulated time and for taking up disciplinary actions for violation of standing order of the Authority.

[9] The petitioner submitted a reply dated 11.12.2006 to the show cause notice stating that she had already been appointed in the regular post of SSA against one of the posts created, in the pay scale of Rs. 5000- 150-8000/- per month, vide order dated 01.04.2003. She was not required to sign the said ‘Agreement Format’ and requested not to take up any disciplinary actions for violation of standing order of the Authority.

[10] The petitioner challenged the show cause notice before the then Gauhati High Court, Imphal Bench [now, High Court of Manipur] by way of writ petition, being WP(C) No. 1138 of 2006. Vide order dated 14.12.2006 in MC(WP(C)) NO. 354 OF 2006, the authorities were directed not to initiate any disciplinary action against the petitioner and the petitioner could not be subjected to execute the contract agreement until further orders.

[11] However, on 16.12.2006, the petitioner was served a copy of the order dated 13.12.2006 issued by the Chairman, MPCB, terminating the contractual service of her. The petitioner challenged the termination order dated 13.12.2006 by way of writ petition, being WP(C) No. 1186 of 2006 before the Gauhati High Court, Imphal Bench and by vide order dated 05.01.2007, the termination order dated 13.12.2006 was set aside as the same was passed in violation of the interim order dated 14.12.2006 in MC(WP(C)) No. 354 of 2006 and the parties were directed to file replies and rejoinder affidavit.

[12] The 2 (two) writ petitions, being WP(C) No. 1138 of 2