High CourtsDivision Bench(2020) 02 MAN CK 0008

Longjam Tompishak Singh And Ors vs Khaidem Deepak And Ors

Manipur High Court · Decided on 6 February 2020

HON’BLE JUDGES
Ramalingam Sudhakar, CJ · Mv Muralidaran, J
RESULT
Dismissed
CASE NUMBER
Writ Appeal No. 31 Of 2019

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Judgment

33 paragraphs · 657 words

Ramalingam Sudhakar, CJ

[1] Heard Mr.Juno Rahman, learned counsel for the appellants. Also heard Mr.S.Nepolean, learned Government Advocate for the State respondents

as well as Mr. N.Ibotombi, learned senior counsel for the private respondents.

[2] This writ appeal is filed against the order dated 08.05.2019 passed by the Hon’ble Single Judge in WP(C) No. 384 of 2019. The direction is

against the respondent Nos. 1 & 2 alone and not against the respondent Nos. 3 & 4 of the writ petition who are the present appellant.

[3] Respondent Nos. 3 & 4, namely, the Manipur State Co-operative Union through its President and the Chief Executive Officer, Manipur State Co-

operative Union in the writ petition being, WP(C) No. 384 of 2019 are the present appellants. Mr. N. Ibotombi, learned senior advocate appearing for

respondents Nos. 1 to 19 have filed a writ petition being W.P(C) No.384 of 2019 seeking for a direction to consider the representation dated

29.03.2019 addressed to the State of Manipur represented by the Principal Secretary, Co-operative and to the Registrar, Co-operative Society. That

writ petition came to be disposed of on 08.5.2019 with the following directions:-

The case of the present petitioners is that they have also filed a representation dated 29.03.2019 before the respondents not to fill up the vacant posts

now lying vacant in the Manipur State Co-operative Union (MSCU) without the approval of the State Government. It is the case of the petitioners that

the representation dated 29.04.2019 should also be considered along with the representation dated 05.02.2019 filed by the petitioners in WP(C) No.

165 of 2019 which is yet to be disposed of by the respondents.

After hearing the learned counsel for the parties, this writ petition is disposed of at the motion stage directing the respondent Nos. 1 & 2 to consider

the representation of the petitioners dated 29.03.2019 while considering the representation dated 05.02.2019 filed by the petitioners in WP(C) No. 165

of 2019 which is yet to be disposed of by the respondents within a period of 1 (one) month from the date of receipt of a copy of the Order of this

Court.

With the above observations and direction, this writ petition is disposed of.â€​

[4] It appears that earlier 8(eight) members of the Managing Committee of the Manipur State Co-operative Union had approached the Court by filing

WP(C) No. 165 of 2019 with a direction to consider the representation dated 05.02.2019 for finalisation of the process of filling up of 35(thirty-five)

different posts for smooth functioning of the District Units of the 3rd and 4th respondents. That was disposed of by the order of the Court dated

27.02.2019 directing the State respondents to consider and dispose of the representation within a period of one month. Similar prayer was made in

WP(C) No. 384 of 2019.

[5] Mr. Juno Rehman, learned counsel appearing for the appellants fairly states that against the final order dated 27.02.2019 passed in WP(C) No. 165

of 2019 on the same relief, no appeal is filed. But in the present case, the appeal is filed stating that the members of the Union should not agitate

before this Court. This plea appears to be misplaced because the individuals are seeking certain rights against the State to implement certain provisions

of the Act.

[6] Nevertheless, the Court only directed the authorities to consider the representation on merit and from the affidavit filed by Mr. N. Ibotombi,

learned senior counsel appearing for the respondent Nos. 1 to 19, it is seen that a final order has been passed by the Government of Manipur,

Cooperation Department on 30.05.2019(Annexure-X/1) to the counter-affidavit dated 16.12.2019 declining to go in for recruitment in the Manipur

State Co-operative Union at this point of time. Therefore, no relief has been granted to any person. Accordingly, the appellants cannot have any

grievance as such. At this juncture, there is no reason to entertain this appeal and accordingly, it is dismissed.