Md. Yunus Khan v. State of Manipur & Ors

: Mr. Kh. Tarunkumar, Adv. : Mr. Lenin Hijam, Addl. AG Date of Hearing & Judgment & Order :

07.04.2022. W.P.(C) No.375 of 2020 P a g e | 2 JUDGMENT & ORDER (ORAL) This writ petition has been filed by the petitioners to direct the respondents to update the seniority list of applicants of die-in-harness scheme pending in the Forest Department, Manipur, including the petitioners in terms of Para 21(b)(1) of the Office Memorandum dated 7.12.2017 and to direct the respondents to include the name of the first petitioner in the category 1 of the list of applicants for die-in-harness applicants pending in the Forest Department and also to direct the second respondent not to fill up any vacancy of Grade-III/IV posts in the Forest Department a seniority list of pending applicants for such appointment is updated.

2. The case of the petitioners is that they are applicants for appointment under die-in-harness scheme to any suitable post commensurate with their respective educational qualifications in the then Electricity Department, Manipur. Their claim has been pending ranging from 2 to 23 years without any valid reason. However, many applicants have been appointed by adopting pick and choose policy in an arbitrary manner. According to the petitioners, the W.P.(C) No.375 of 2020 P a g e | 3 Department of P&AR issued various Office Memorandums in respect of consideration of appointment under die-in-harness scheme, but those Office Memorandums remain as paper tiger regarding the petitioners, inasmuch the claim of the petitioners has not been considered so far despite the said Office Memorandum.

3. The further case of the petitioners is that the Chief Engineer (Power), Electricity Department, Manipur submitted a proposal to the Government indicating the seniority list/revised seniority list of applicants for consideration of their cases and also stated the existing vacancy position. Despite availability of various vacancies around 2000 posts, the petitioners’ cases have not been considered under die-in-harness scheme. Rather, the appointment under die-in- harness scheme has been transferred to the Forest Department for taking up necessary action. However, the names of the petitioners have not been included in the list of seniority list of applicants for such appointment pending in the Forest Department. When the vacancies arise, the petitioners’ cases were not considered for such appointment. Despite repeated representations, petitioners’ cases have not been considered and the latest representations of the petitioners are dated 6.2.2020 and the same were also not considered till date. Hence, the writ petition. W.P.(C) No.375 of 2020 P a g e | 4

4. The respondents filed counter-affidavit stating that it is true that the petitioners’ case for appointment under die-in-harness scheme was transferred to the Forest Department. On 21.6.2018, the Under Secretary conveyed the approval to transfer of six applicants from Power Department subject to fulfilment of educational qualification under die-in-harness scheme and to place the said six applicants in the seniority list of applicants of the Forest Department. Thereafter, necessary process was taken up to include their names in the seniority list. On 13.6.2019, the Under Secretary (Forest and Environment) accorded approval to draft seniority list as on 2.4.2019 including the six transferred applicants placed at Serial Nos.87 to 92.

5. It is stated that on 28.1.2020, the Principal Chief Conservator of Forests informed the Under Secretary that the first petitioner was included in the die-in-harness scheme applicant seniority list of Forest Department under Serial No.87 and that the list was updated as on 29.2.2020 after giving appointment under die-in-harness scheme to nine applicants and receiving new applicants, the name of the six petitioners were included at Serial Nos.78 to 83 of the lists of pending appointment to be made under die-in-harness scheme. It is stated that the Forest Department has taken necessary action as per the approval accorded by the Government to transfer six applicants to Forest Department and W.P.(C) No.375 of 2020 P a g e | 5 accordingly, included the petitioners’ names in the seniority list of applicant as on 29.2.2020 after checking their eligibility and fulfilment of educational qualification under die-in-harness scheme. It is stated that the applicants have to wait for their turn for appointment as only 10% of the vacant post of direct recruit posts was earmarked for appointment under die-in-harness scheme as per the guidelines issued by the Department of Personnel. Hence, prayed for dismissal of the writ petition.

6. The learned counsel for the petitioners submitted that in supersession of all previous orders, instructions, Office Memorandums and guidelines, an Office Memorandum dated 7.12.2017 was issued by the Joint Secretary (DP), Government of Manipur in respect of revised die-inharness scheme and that in every department of the Government of Manipur, respective seniority list of all applicants for appointment under die-in-harness scheme are maintained. The Forest Department, Manipur has also its own seniority list of applicants for such appointment and the latest seniority list of applicants for appointment under die- in-harness scheme in the Forest Department as on 7.12.2017 was prepared on

20.6.2018.

7. The learned counsel further submitted that since the petitioners are newly transferred to the Forest Department, their names are not included in the W.P.(C) No.375 of 2020 P a g e | 6 seniority list and if the names of the petitioners are not included in the said seniority list, their cases shall not be considered for appointment under die-in- harness scheme in the Forest Department whenever vacancies arise.

8. According to the learned counsel for the petitioners, the respondents should be honest and should act as a model employer in order to give immediate help to the family of the respective petitioners for appointment under die-in-harness scheme keeping in mind that the petitioners are wives/children of the Government employees who were working under the supervision and also keeping in mind that how their families including school going minor children or ailing parents would have been maintained after the demise of their respect bread earners in these days of inflation and day today price hike.

9. The learned counsel further submitted that if the seniority list of applicants for die-in-harness appointment in Forest Department is not redraw to include the petitioners names, their cases shall not be considered for such appointment when vacancies arise. Hence, the seniority list of applicants is liable to be updated in order to include the petitioners’ names.

10. Per contra, the learned government counsel submitted that the senior list of applicants for appointment under die-in-harness scheme is normally W.P.(C) No.375 of 2020 P a g e | 7 updated once in six months or so after new applications are received for appointment under die-in-harness scheme or after new appointments were made under die-in-harness scheme. Hence, the allegation of the petitioners that their request to redraw the seniority list of applicants has not been disposed of as yet is not true. He would submit that the Forest Department has taken appropriate action to transfer the petitioners to Forest Department and accordingly, included the names of the petitioners in the seniority list of the applicants as on 29.2.2020 after verifying their eligibility. In view of the above, the petitioners have to wait for their turn for appointment since 10% of the vacant post of direct recruit posts is earmarked for appointment under die-in-harness scheme as per the guidelines issued by the Department of Personnel. Further, the allegation of the petitioners that the respondents have turned a deaf ear to the petitioners is not true and without any basis.

11. This Court considered the submissions raised and also perused the materials available on record.

12. The prayer of the petitioners is that the respondents are to be directed to update the seniority list of applicants of die-in-harness scheme pending in the Forest Department, Manipur, including the petitioners in terms of Para 21(b)(i) of the Office Memorandum dated 7.12.2017. W.P.(C) No.375 of 2020 P a g e | 8

13. Para 21( b)(i) of the Office Memorandum reads thus: “21. Effective Date of the Revised DIH Scheme: (a) The Revised DIH Scheme shall come into force with immediate effect from the date of notification in the Manipur Gazette. (b) All pending applications under the Die-in-Harness Scheme received before the effective date of the Revised DIH Scheme shall be governed by the earlier guidelines/OMs issued by the Department of Personnel from time to time subject to the following conditions: i. Seniority of al pending applications will be redrawn on the basis of date of actual death of the incumbent/government employee in regular service, as provided in the revised Scheme. ii. Consideration of pending DIH cases will be guided by the existing approved quota of 10% of available direct recruitment vacancies.”

14. The petitioners contended that the latest seniority list of the applicants for appointment under die-in-harness scheme in the Forest Department as on

7.12.2017 was prepared on 20.6.2018. Since the petitioners are newly W.P.(C) No.375 of 2020 P a g e | 9 transferred to the Forest Department, their names are not included in the seniority list. If the names of the petitioners are not included in the said seniority list, their cases shall not be considered for appointment under die-in-harness scheme in the Forest Department whenever vacancies arise.

15. On the other hand, it is the say of the respondents that the seniority list was updated as on 29.2.2020 after giving appointment under die-in-harness scheme to nine applicants and after receipt of the new applicantions, the names of the petitioners are included at Serial Nos.78 to 83 of the lists of pending appointment to be made under the die-inharness scheme. It is also the say of the respondents that the seniority list of the applicants for appointment under die-in-harness scheme is normally updated once in six months or so after new applications are received for appointment under die-in-harness scheme or after new appointment were made under die-in-harness scheme. In support, the learned government counsel drew the attention of this Court to the seniority list of die-in-harness scheme applicants prepared as on 29.2.2020.

16. On a perusal of the seniority list of die-in-harness scheme applicants, the names of the petitioners are found at Serial Nos.78 to 83 and in the remarks column it is specifically stated that Serial No.78 is transferred from Home Department and Serial Nos.79 to 83 are transferred from Power Department. W.P.(C) No.375 of 2020 P a g e | 10 Thus, the plea of the petitioners that the latest seniority list of applicants for appointment under die-inharness scheme in the Forest Department as on

7.12.2017 was prepared only as on 20.6.2018 is not correct.

17. Coming to the prayer of the petitioners that the respondents are to be directed to include the name of the first petitioner in the list of applicants for die- in-harness applicants pending in the Forest Department is concerned, as stated supra, the name of the first petitioner has been included in the seniority list at Serial No.78 of the applicants for appointment under die-in-harness scheme in the Forest Department. In view of the inclusion of the name of the first petitioner in the seniority list, the prayer aforesaid has become infructuous.

18. Insofar as the prayer of the petitioners to direct the second respondent not to fill up any vacancy of Grade-III/IV posts in the Forest Department till the seniority list of pending applicants for such appointment is updated is concerned, in view of the seniority list of die-inharness scheme applicants as on 29.2.2020 prepared by the Forest Department, the said prayer will also go. However, taking into consideration of the representation of the petitioners dated 6.2.2020 pending consideration before the Principal Chief Conservator of Forests and in order to know about the latest seniority position of the petitioners whether it has been revised subsequently or the seniority list prepared as on 29.2.2020 is the W.P.(C) No.375 of 2020 P a g e | 11 last seniority list and is maintained, it is appropriate to direct the respondents to consider the representations of the petitioners and pass orders.

19. It is made clear that only to know about the seniority position of the petitioners, such direction to consider the representation of the petitioners is passed by this Court in this writ petition. For issuance such direction, no prejudice would be caused to the respondents. On the other hand, as stated supra, it will be much helpful not only to the petitioners, but also the other applicants who are in the seniority list of die-in-harness scheme in the Forest Department, Manipur.

20. At this juncture, it is apposite to mention that as rightly argued by the learned counsel for the petitioners the respondents should be honest and should act as a model employer in order to give immediate help to the family of the respective petitioners and other similarly situated persons for appointment under die-in-harness scheme keeping in mind that they have lost their bread earners and struggling for their livelihood. In the welfare State committed to a socialistic society, it is the duty of the respondents to appoint the eligible applicants to any suitable posts under die-in-harness scheme to enable them to look after their respective families. W.P.(C) No.375 of 2020 P a g e | 12

21. Accordingly, a) the writ petition is disposed of. b) the Respondents are directed to consider the petitioners’ representation dated 06.02.2020 and to pass appropriate speaking orders in the light of the O.M. No.20/38/2017- DIH/DP dated 7.12.2017. c) the said exercise shall be done within a period of 3(three) months from the date of receipt of this order. JUDGE FR/NFR -Larson W.P.(C) No.375 of 2020