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Judgment
Lanusungkum Jamir, J
[1] Heard Mr. M. Hemchandra, learned senior counsel assisted by Mr. Juno Rehman, learned counsel for the petitioner as well as Mr. Sukumar, learned G.A. appearing for the respondent Nos. 1, 2 & 3.
[2] The petitioners had earlier approached this Court by filing WP(C) No. 436 of 2017 praying for a writ of Mandamus directing the respondents to finalize or conclude the process for Amendment of the Old/ Existing Recruitment Rules for the post of Fishery Officer (Assistant Director of Fisheries), Research Assistant & Assistant Fishery Officer (AFO) in the Department of Fisheries, Manipur. This Court had disposed of the said writ petition being WP(C) No. 436 of 2017 by Order dated 10.11.2017 with the following directions:
"In view of the above, the instant writ petition stands disposed of with the direction that the respondents shall take appropriate and immediate steps to finalize the said draft Recruitment Rules within a reasonable time, preferably within two months from today."
[3] As the Order dated 10.11.2017 passed in WP(C) No. 436 of 2017 was not complied with, the petitioners filed contempt case being Cont.Case(C) No. 32 of 2018 which was disposed on 08.08.2018 and the operative portion reads as under:
"When the matter is taken up, Mr. Y. Nirmolchand, learned senior counsel for the respondents undertakes that order of this Court will be complied on 07.09.2018.
Recording the same, this present contempt petition stands closed with liberty to the petitioner to reopen if cause subsists after 07.09.2018"
[4] Despite the assurance given by the learned counsel for the respondents in Cont.Case(C) No. 32 of 2018 that the order of this Court will be complied with on 07.09.2018, no further steps were taken and therefore, the present writ petition has been filed by the petitioners praying for a direction to comply the Order dated 10.11.2017 passed in WP(C) No. 436 of 2017.
[5] Mr. Sukumar, learned G.A. appearing on behalf of State respondents, has produced a Letter dated 26.09.2019 written by the Director of Fisheries, Manipur and addressed to the Addl. Chief Secretary (Fy), Government of Manipur which is reproduced hereinbelow:
"Government of Manipur
Director of Fisheries: Manipur
Lamphelpat-795004.
No. FD/Estt/348/RR/2016/562 Imphal, the 26th September, 2019.
To,
The Addl. Chief Secretary (Fy),
Government of Manipur.
Sub: A proposal for amendment of the R/Rs for the Post of Fishery Inspector/Fishery Instructor/Fishery Extension Assistant
Sir,
I have the honour to invite a reference to your letter Nos. (i)7-4/6/2019-Fy dated 10.05.2019, (ii) 7-A/8/2016-RR(PO)-Fy-I dated 24.05.2019, (iii) 7-A/8/2016-RR(FO-i) dated 22.04.2019 and (iv) 10/01/2019-Fy/139(I) dated 22.04.2019 on the above subject and to submit herewith a proposal for amendment of Recruitment Rules for the post of Fishery Inspector/Fishery Instructor/Fishery Extension Assistant in Department of Fisheries, Manipur in the prescribed MPSC Form-8 and 10 for your kind perusal and further necessary action.
Encl:-As stated above.
Yours faithfully
(Bidyarani Ayekpam)
Director of Fisheries, Manipur"
[6] A perusal of the Letter dated 26.09.2019 would clearly indicate that the respondents, despite the assurance given in Cont.Case(C) No. 32 of 2018, has made the proposal only on 26.09.2019 which is only after the filing of the present writ petition.
[7] The attitude of the respondents would clearly indicate that they are not interested in complying with the order passed by this Court even after the assurance given to this Court in Cont.Case(C) No. 32 of 2018 and therefore, this is a fit case where suo moto contempt proceedings against the respondents can be initiated and personnel appearance be called for. However, in the interest of justice, this Court is refraining from taking such steps at this stage and is disposing of this writ petition only with a direction to the respondents to comply with the Order dated 10.11.2017 passed in WP(C) No. 436 of 2017 within a period of 3 (three) months from the date of receipt of a copy of the Order of this Court.
It is made clear that compliance of this Court's order should be completed within the stipulated period.
Writ petition is accordingly disposed of.