Ng. Thanchipem v. State of Manipur & 3 Ors.

The petitioner is the son of Mr. NG. Mashaham who donated a plot of land measuring about 150 ft. x 150 ft. at Tongou/Ringui village in favour of the Electricity Department (now known as MSPDCL) for construction of Electricity Complaint room at Ringui village, Ukhrul District. The petitioner claims that an agreement dated 31.10.1996 was entered between the land donor and the Electricity Department in presence of the Headman of the Tongou village wherein it is provided that the competent authority may consider the appointment of the nominee of the donor to a Grade-IV posts when vacant post is available. It was further provided that the donated land should be registered with the Registration Office under the Sub-Divisional Officer, Ukhrul. Further, after the deed of agreement dated 31.10.1996 was executed, the father of the WP(C) No. 1203 of 2018 petitioner also executed an agreement with the Headman of Tongou village in favour of the Electricity Department which was registered on 10.04.1997. The grievance of the petitioner is that despite donation of land free of cost, the respondents are yet to appoint any member of the family of the donor to a Grade – IV posts till date. Learned counsel for the petitioner also takes the assistance of the Office Memorandum dated 29.06.1983 issued by the Department of Personnel & Administrative Reforms (Personnel Division), Government of Manipur which provides for guidelines for selection of candidates for appointment of Class – IV posts (excluding Police Personnel). He, therefore, submits that a direction be issued to the respondents to appoint the petitioner to any Grade – IV posts in lieu of the donation of a plot of land made by the father of the petitioner to the Electricity Department (now MSPDCL). Mr. Nepolean, learned G.A., on the other hand, submits that the deed of agreement dated 31.10.1996 is not reliable inasmuch as there is no record of the deed of agreement between land donor and the Electricity Department as it could not be found in the Corporate Office of MSPDCL as well as the Deputy General Manager, Ukhrul. He also submits that a proper verification of the agreement dated

31.10.1996 would clearly indicate that the deed of agreement was made on 31.10.1996 whereas the signature of the Executive Engineer, Ukhrul Division is seen as 03.05.199…. This would clearly indicate the agreement fabricated/forged. Learned G.A. further submits the Office Memorandum dated 29.06.1983 does not provide for direct WP(C) No. 1203 of 2018 appointment of land donor but is only meant for giving special preference in selection of Class – IV posts for land donors. I have heard the learned counsel for the parties. This Court has considered the deed of agreement dated 31.10.1996 executed between the father of the petitioner and the Electricity Department (now MSPDCL). This Court has also taken into consideration the argument of the learned G.A. that the deed of agreement appears to be fabricated/forged and that there is no record of the Deed of Agreement in the Corporate Office of MSPDCL as well as the Deputy General Manager, Ukhrul. It is however to be borne in mind that there is no dispute with regard to the donation of land by the father of the petitioner to the Electricity Department (MSPDCL) as well as the Registration of the land in favour of the Department. Therefore, in my considered opinion, when there is no dispute with regard to the donation of the land to the Electricity Department (MSPDCL), the validity of the deed of agreement dated 31.10.1996 would have no consequence particularly in view of the Office Memorandum dated 29.06.1883. The Office Memorandum dated 29.06.1983 extracted herein below : “Government of Manipur Department of Personnel & A.R. (Personnel Division) Office Memorandum Imphal, the 29th June, 1983” Subject: Guidelines for selection of candidates for appointment to the Class – IV posts (excluding Police Personnel). No. 1/21/83-DP. The undersigned is directed to say special the selection of guideline/instruction the question of introduction of in regard WP(C) No. 1203 of 2018 candidates for the appointment of Class – IV posts (excluding Police Personnel) in the Department Office the Govt. Of Manipur have had under consideration of the Govt. for some time past. The reason for proposing this guideline/instruction is that in some cases it is found that some people have donated land for the construction of office building/buildings for running dispensaries etc. in the hope that Government will leniently consider and give appointment as Grade – IV specific guideline/instruction such cases cannot be considered by the recommending authority/body. As such the Government have now considered and decided for giving preference to the following cases provided the candidates are within the prescribed cases provided the candidates are within the prescribed age limit and are in possession of the requisite qualifications prescribed for the post and their names are registered with the Employment Exchange:- return. Since (a) Those candidates who belong to the locality if (excluding Police everything Personnel) (b) Those candidates who have donated special land/buildings preference in selection for appointment to Class IV schools/Dispensaries/Hospitals etc (excluding Police Personnel) – Sd/- (A.Dwijamani Singh) Dy.Sec.(DP), Govt. of Manipur. A consideration of the same would clearly indicate that the Government had decided for giving special preference to candidates who have donated land/buildings in selection for appointment Class – IV Schools/Dispensaries/Hospitals etc. (excluding Police Personnel). As there is already a scheme provided under the O.M. dated 29.06.1983, the respondents are duty bound to consider the case of the petitioner for appointment to any Class – IV posts to which he is qualified under the said scheme. WP(C) No. 1203 of 2018 Accordingly, the petitioner is directed to make an application before the concerned authority particularly the respondent Nos. 2 & 4 for consideration of his case for appointment to Class – IV posts in consideration of the donation of land made by his father the Electricity Department (MSPDCL) within a period of 2 (two) weeks’ from today. Thereafter, the respondent Nos. 2 & 4 shall consider the representation made by the petitioner and pass a speaking order for giving special preference to the petitioner in the selection for appointment to Class – IV posts except the post of Police Personnel at the earliest but not later than 6 (six) months from the date of receipt of the representation made by the petitioner. With the aforesaid directions, this writ petitions is disposed of. JUDGE joshua KH. JOSHUA MARING KH. JOSHUA MARING 23:08:19 +05'30' WP(C) No. 1203 of 2018