Manipur High Court
Unknown vs Shri Chandam Lalitchandra on 4 August, 2025
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
NINGO Digitally
by
signed
MBAM NINGOMBAM
VICTORIA
VICTORI Date:
2025.08.04
A 16:08:09 +05'30'
reportable
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC(WP(C)) No. 708 of 2024
1. Ch. Urmila Devi, aged about 55 years, D/o Ch. Radhacharan
Singh of Kwakeithel Thiyam Leikai, P.O. & P.S. Imphal West,
Imphal West District, Manipur, presently functioning as
Graduate Teachers, Directorate of Education (S), Government
of Manipur.
2. Th. Nanita Devi, aged about 53 years, W/o Maibam Ojit Singh
of Singjamei Chingamathak Pishum Leirak, Imphal West
District, Manipur presently functioning as Graduate Teachers,
Directorate of Education (S), Government of Manipur.
3. Abujam Illo Singh, aged about 54 years, S/o A. Babudhon
Singh of Langjing Achouba, P.O. Langjing & P.S. Lamphel,
Imphal West District, Manipur presently functioning as
Graduate Teachers, Directorate of Education (S), Government
of Manipur.
4. Ksh. Geeta Devi, aged about 54 years, D/o Ksh. Shyamkanhai
Singh of Naoremthong Khumanthem Leikai, Imphal West
District, Manipur presently functioning as Graduate Teachers,
Directorate of Education (S), Government of Manipur.
5. Chongtham Surjit Singh, aged about 49 years, S/o Ch.
Dhanakanta Singh of Singjamei Thongam Leikai, P.O. & P.S.
Singjamei, Imphal West District, Manipur presently functioning
as Graduate Teachers, Directorate of Education (S),
Government of Manipur.
6. Premita Heisnam, aged about 49 years, D/o Heisnam Jilla
Singh of Pishum Thong Oinam Leikai, Imphal West District,
Manipur presently functioning as Graduate Teachers,
Directorate of Education (S), Government of Manipur.
7. Heisnam Devananda Singh, aged about 56 years, S/o H.
Ibomcha Singh of Sagolband Tera Sapam Leikai, Imphal West
District, Manipur presently functioning as Graduate Teachers,
Directorate of Education (S), Government of Manipur.
8. Y. Dinshewor Singh, aged about 52 years, S/o Yumnam
Dhakeshwor Singh of Keishamthong Elangbam Leikai, Imphal
West District, Manipur presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur.
MC(WP(C)) No. 708 of 2024 Page 1 of 21
MC(WP(C)) No. 544 of 2024 &
WP(C) No. 652 of 2024
9. Akoijam Atingcha Angom, aged about 54 years, S/o AK.
Raghumani Singh of Imphal West District, Manipur presently
functioning as Graduate Teachers, Directorate of Education
(S), Government of Manipur.
10. Chongtham Jinalini Devi, aged about 47 years, D/o Ch.
Jitendra Singh of Singjamei Sapam Leikai, P.O. & P.S.
Singjamei, Imphal West District, Manipur presently functioning
as Graduate Teachers, Directorate of Education (S),
Government of Manipur.
11. Karanchunglu Gangmei, aged about 39 years, D/o Luwangjao
Gangmei of Langthabal Khoupum, P.O. Canchipur, Imphal
West District, Manipur presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur.
...Applicants
- Versus -
1. Shri Chandam Lalitchandra, aged about 58 years, S/o (L) Ch.
Gouro of Wangkhei Khunou near Citizen Club, P.O. & P.S.
Porompat, Imphal West District, Manipur-795005.
2. Wahengbam Loken Singh, aged about 57 years, S/o (L) W.
Lakshaman Singh of Wangoi Wahengbam Leikai, P.O. & P.S.
Wangoi, Imphal West District, Manipur-795009.
3. Lairenjam Ningthemjao Singh, aged about 54 years, S/o L.
Tolen Singh of Kakyai Makha Leikai, P.O. & P.S. Nambol,
Bishnupur District, Manipur-795134.
...Principal Respondents
4. The State of Manipur represented by the Additional Chief
Secretary/Principal Secretary/ Commissioner/ Secretary,
Education (S), Government of Manipur, Secretariat South
Block, Babupara, P.O. & P.S. Imphal, Imphal West District,
Manipur-795001.
5. The Director of Education (S), Government of Manipur,
Lamphelpat, P.O. & P.S. Lamphel, Imphal West District,
Manipur-795004.
6. Kh. Mandakini Devi, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
7. B. Jayanti Devi, presently functioning as Graduate Teachers,
Directorate of Education (S), Government of Manipur, P.O. &
P.S. Lamphel, Manipur-795004.
MC(WP(C)) No. 708 of 2024 Page 2 of 21
MC(WP(C)) No. 544 of 2024 &
WP(C) No. 652 of 2024
8. K. Hemabati Devi, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
9. S. Rupali Devi, presently functioning as Graduate Teachers,
Directorate of Education (S), Government of Manipur, P.O. &
P.S. Lamphel, Manipur-795004.
10. A. Jaichandra Singh, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
11. Qayamuddin Khan, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
12. Mubarak Ali, presently functioning as Graduate Teachers,
Directorate of Education (S), Government of Manipur, P.O. &
P.S. Lamphel, Manipur-795004.
13. R.K. Thasana Devi, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
14. Shamo Yumnamcha, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
15. T. Prabin Meitei, presently functioning as Graduate Teachers,
Directorate of Education (S), Government of Manipur, P.O. &
P.S. Lamphel, Manipur-795004.
16. Md. Mohammed Shah, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
17. Meinam Tombi Devi, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
18. N. Premjit Singh, presently functioning as Graduate Teachers,
Directorate of Education (S), Government of Manipur, P.O. &
P.S. Lamphel, Manipur-795004.
19. Ningombam Megha Singh, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
20. Th. Somananda Singh, presently functioning Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
21. Okram Jagadish Singh, presently functioning as Graduate
MC(WP(C)) No. 708 of 2024 Page 3 of 21
MC(WP(C)) No. 544 of 2024 &
WP(C) No. 652 of 2024
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
22. Thiyam Premlata Devi, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
23. P. Chandrakumar Singh, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
24. Ranjeeta Devi Rajkumari, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
25. N. Aruna Devi, presently functioning as Graduate Teachers,
Directorate of Education (S), Government of Manipur, P.O. &
P.S. Lamphel, Manipur-795004.
26. N. Manjor Singh, presently functioning as Graduate Teachers,
Directorate of Education (S), Government of Manipur, P.O. &
P.S. Lamphel, Manipur-795004.
27. Thingnam Thoibi Devi, presently functioning as Graduate
Teachers, Directorate of Education (S), GoveBinie/t0of/2025
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
28. Yumnam Joy Singh, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
29. Gurumayum Ajitkumar Sharma, presently functioning as
Graduate Teachers, Directorate of Education (S), Government
of Manipur, P.O. & P.S. Lamphel, Manipur-795004.
30. Kh. Nishikanta Singh, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
31. Thoudam Jotinkumar Singh, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
32. H. Nongyai Singh, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
33. N. Kiranjit Meetei, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
34. N. Omarendro Singh, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
MC(WP(C)) No. 708 of 2024 Page 4 of 21
MC(WP(C)) No. 544 of 2024 &
WP(C) No. 652 of 2024
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
35. Ch. Hemabati Devi, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
36. O. Ibochouba Singh, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
37. Md. Rafijuddin, presently functioning as Graduate Teachers,
Directorate of Education (S), Government of Manipur, P.O. &
P.S. Lamphel, Manipur-795004.
38. N. Ibomcha Singh, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
39. Thongkholal Kipgen, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
40. Gangmei Aguna Rongmei, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
41. R.K. Leishisan, presently functioning as Graduate Teachers,
Directorate of Education (S), Government of Manipur, P.O. &
P.S. Lamphel, Manipur-795004.
42. Lamremsiami, presently functioning as Graduate Teachers,
Directorate of Education (S), Government of Manipur, P.O. &
P.S. Lamphel, Manipur-795004.
43. L. Pousheru, presently functioning as Graduate Teachers,
Directorate of Education (S), Government of Manipur, P.O. &
P.S. Lamphel, Manipur-795004.
44. Thongkhosei Haokip, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
45. M. Sochipem, presently functioning as Graduate Teachers,
Directorate of Education (S), Government of Manipur, P.O. &
P.S. Lamphel, Manipur-795004.
46. Jaangminthang Haokip, presently functioning Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
47. David Ramchullo, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
MC(WP(C)) No. 708 of 2024 Page 5 of 21
MC(WP(C)) No. 544 of 2024 &
WP(C) No. 652 of 2024
48. Masowon Shaiza, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
49. Nathan Thanga Chiru, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
50. Langhu Mojesh Anal, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
51. Awungshi Ningreithem, presently functioning Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
52. Joyson Vashum, presently functioning as Graduate Teachers,
Directorate of Education (S), Government of Manipur, P.O. &
P.S. Lamphel, Manipur-795004.
53. Shangngayung Thumra, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
54. Golmei Kumar Rongmei, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
55. Haominthang Vaiphei, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
56. Dl. Meshil Maring, presently functioning as Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
57. Aluana Panmei, presently functioning as Graduate Teachers,
Directorate of Education (S), Government of Manipur, P.O. &
P.S. Lamphel, Manipur-795004.
58. Karanchunglu Gangmei, presently functioning Graduate
Teachers, Directorate of Education (S), Government of
Manipur, P.O. & P.S. Lamphel, Manipur-795004.
…Proforma Respondents
WITH
MC(WP(C)) No. 544 OF 2024
WITH
WP(C) No. 652 OF 2024
MC(WP(C)) No. 708 of 2024 Page 6 of 21
MC(WP(C)) No. 544 of 2024 &
WP(C) No. 652 of 2024
B EF O R E
HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA
For the applicants : Mr. M. Hemchandra, Sr. Adv.
For the writ petitioners/ : Mr. H.S. Paonam, Sr. Adv. &
respondents Mrs. Ch. Sundari, GA
Date of hearing : 23-07-2025
Date of order : 04-08-2025
ORDER[CAV]
[1] Heard Mr. M. Hemchandra, learned senior counsel assisted by
Mr. M. Rendy, learned counsel for the applicants; Mr. H.S. Paonam, learned
senior counsel assisted by Mr. S. Gunabanta, learned counsel for the writ
petitioners and Mrs. Ch. Sundari, learned Government Advocate for the
State respondents.
[2] The present applicants in MC(WP(C)) No. 708 of 2024 are some
of the private respondents in WP(C) No. 652 of 2024, whereas the
respondent Nos. 6-58 are the remaining private respondents in the writ
petition. The applicants approached this Court to review/rectify/modify/
vacate the ex parte interim order dated 17-09-2024 passed by this Court in
WP(C) No. 652 of 2024 with MC[WP(C)] No. 544 of 2024.
[3] The petitioners in WP(C) No. 652 of 2024 approached this Court
for quashing and setting aside the impugned notification dated 30-08-2024
finalizing the seniority list of 63 eligible Graduate Teachers [the applicants
and the respondent Nos. 6-58 herein] appointed before 01-01-2008 for
promotion to the post of Lecturers of Higher Secondary Schools under the
Department of Education (S), Manipur as the same was allegedly issued in
MC(WP(C)) No. 708 of 2024 Page 7 of 21
MC(WP(C)) No. 544 of 2024 &
WP(C) No. 652 of 2024
violation of interim order dated 02-06-2022 passed by this Court in WP(C)
No. 407 of 2022. These 3 petitioners were appointed by promotion to the
post of Graduate Teachers in Education (S), vide order dated 21-12-2013.
[4] The 3 writ petitioners herein and 20 others have already filed WP(C)
No. 407 of 2022 titled as N.S. Leishiwon & 22 Ors Vs. State of Manipur &
867 Ors challenging the order dated 23-07-2020 for integrating and
absorbing the private respondents therein as Graduate Teachers in the
Department of Education (S), Manipur from the date of their initial
appointment as Graduate Teachers and Upper Primary Teacher under
RMSA and SSA Schemes conferring retrospective service benefits including
seniority. The petitioners in WP(C) No. 652 of 2024 are also the petitioners
in WP(C) No. 407 of 2022, being petitioner Nos. 19, 3 & 9 respectively. In
doing so, the private respondents therein have been placed in the tentative
seniority list of Graduate Teachers (both Original & Converted Groups)
above the original appointees in the Education (S), Manipur. The petitioners
herein and the petitioners in WP(C) No. 407 of 2022 were already appointed
by promotion as Graduate Teachers vide order dated 21-12-2013. The
prayers in WP(C) No. 407 of 2022 are reproduced as follows:–
“i. issue rule nisi and call for records;
ii. issue a writ in the nature of certiorari or any other appropriate writ
or direction for quashing and setting aside the impugned order
dated 23-07-2020 so far as integrating and absorbing the Private
Respondents as Graduate Teachers in the Department of
Education (S), Government of Manipur from the date of their initial
appointment as Graduate Teachers and Upper Primary Teacher
under the RMSA and SSA Scheme conferring retrospectiveMC(WP(C)) No. 708 of 2024 Page 8 of 21
MC(WP(C)) No. 544 of 2024 &
WP(C) No. 652 of 2024
service benefit including seniority as the same is illegal;
iii. Issue a writ in the nature of certiorari or any other appropriate writ
or direction for quashing and setting aside the impugned
Notification dated 7-4-2022 so far as the positions of the Private
Respondents No. 3 to 435 at Sl. No. 1004 to 1436 and Private
Respondents No. 436 to 814 at Sl. No. 1486 to 1864 and the
Private Respondents No. 815 to 868 at Sl. No. 1866, 1868, 1870,
1872, 1874, 1876, 1878, 1880, 1882, 1884, 1886, 1888, 1890,
1892, 1894, 1896, 1898, 1900, 1902, 1904, 1906, 1908, 1910,
1912, 1914, 1916, 1918, 1920, 1922, 1924, 1926, 1928, 1930,
1932, 1934, 1936, 1938, 1940, 1942, 1944, 1946, 1948, 1950,
1952, 1954, 1956, 1958, 1960, 1962, 1964, 1966, 1968, 1970 and
1972 of the Tentative Seniority List wherein those appointed as
Graduate Teachers and Upper Primary Teacher under the RMSA
and SSA Scheme by conferring retrospective service benefits
including seniority are placed higher than the petitioners who were
appointed as Graduate Teachers prior to the integration and
absorption of the Private Respondents as the same is illegal and
based on non-application of mind;
iv. direct the respondents to consider the case of the petitioners for
promotion to the post of Lecturer by considering that they are
seniority to the private respondents in terms of earlier process for
promotion vide Office Letter No. AO/70/PGT/2010(6)-DE(S)Pt(II)
dated 26-03-2021;
v. In the interim, pass an appropriate interim order for restraining the
State respondent from finalizing seniority Tentative Seniority List
of Graduate Teacher vide Notification dated 7-4-2022 so far as the
Private Respondents and writ petitioners are concerned during the
pendency of the present case for protecting the right and interest
of the present petitioners;
AND
vi. pass such further order/orders or direction/directions as thisMC(WP(C)) No. 708 of 2024 Page 9 of 21
MC(WP(C)) No. 544 of 2024 &
WP(C) No. 652 of 2024
Hon’ble Court deem fit and proper in the circumstances of the
case.”
[5] Vide order dated 02-06-2022 passed by this Court in WP(C) No.
407 of 2022, the State respondents were directed not to finalize the tentative
seniority list of Graduate Teachers (both Original & Converted Groups) of
the Department of Education (S), Manipur notified by the notification dated
07-04-2022 till the next returnable date. It is stated that the interim order
dated 02-06-2022 has been extended from time to time.
[6] The main prayer in WP(C) No. 652 of 2024 is that the impugned
notification dated 30-08-2024 finalizing the seniority list of 63 eligible
Graduate Teachers appointed before 01-01-2008 for promotion to the post
of Lecturers of Higher Secondary Schools under the Department of
Education (S), Manipur was in violation of interim order dated 02-06-2022
passed by this Court in WP(C) No. 407 of 2022. Following prayers have
been sought by the petitioners in WP(C) No. 652 of 2024:–
"i. issue rule nisi and call for records.
ii. Issue a writ in the nature of certiorari or any other appropriate writ
or direction for quashing and setting aside the impugned
Notification dated 30-08-2024 finalizing the Seniority List of 63
Eligible Graduate Teachers appointed before 01-01-2008 for
promotion to the post of Lecturers of Higher Secondary Schools
under the Department of Education (S), Manipur as the same is
issued in violation of interim order dated 02-06-2022 passed in
WP(C) No. 407 of 2022.
iii. Issue an appropriate direction for ventilating the grievances of the
present petitioners.
AND
MC(WP(C)) No. 708 of 2024 Page 10 of 21
MC(WP(C)) No. 544 of 2024 &
WP(C) No. 652 of 2024
iv. Pass such order/orders or direction/directions as this Hon’ble
Court deem fit and proper in the circumstances of the case.”
[7] In the circumstances, when the matter was taken up on 17-09-
2024 in WP(C) No. 652 of 2024, this Court suspended the notification dated
30-08-2024 fixing the final seniority list of the Graduate Teachers in the
Department of Education (S), Government of Manipur until further orders.
The relevant para No. 9 is reproduced as follows:–
“[9] Considering the existence of the interim order dated
02.06.2024 passed in WP(C) No. 407 of 2022 of staying the
finalization of the final seniority list of the Graduate Teachers of
Department of Education (S), Government of Manipur, the notification
dated 30.08.2024 fixing the final seniority list of the Graduate
Teachers in the Department of Education (S), Government of Manipur
is kept under suspension until further orders.”
[8] It is the case of the applicants that the dispute in WP(C) No. 407
of 2022 is between the Graduate Teachers who were appointed by
promotion vide order dated 21-12-2013 and the private respondents who
were absorbed as regular Graduate Teachers into the Department of
Education (S), Manipur vide order dated 23-07-2020. The main issue in
WP(C) No. 407 of 2022 is mainly with respect to the inter se seniority list of
the Graduate Teachers who were originally appointed on promotion under
the Department of Education (S), Manipur vide order dated 21-12-2013 and
those who were absorbed from RMSA and SSA Schemes as Graduate
Teachers with retrospective effect vide order dated 23-07-2020. It is the
specific case of the applicants herein that they are not parties in WP(C) No.
MC(WP(C)) No. 708 of 2024 Page 11 of 21
MC(WP(C)) No. 544 of 2024 &
WP(C) No. 652 of 2024
407 of 2022. It is stated that the applicants and the private respondents in
WP(C) No. 652 of 2024 were appointed prior to 01-01-2008 and therefore,
their seniority list has no connection with the parties before this Court in
WP(C) No. 407 of 2022. It is also stated that the fixation of seniority list of
Graduate Teachers vide order dated 30-08-2024 for those Graduate
Teachers appointed before 01-01-2008 will not at all affect the merit of the
case, i.e., the inter se seniority list of the parties in WP(C) No. 407 of 2022.
[9] Mr. M. Hemchandra, learned senior counsel for the applicants,
submits that by misinterpretation of the interim order dated 02-06-2022
passed by this Court in WP(C) No. 407 of 2022, the seniority list dated 30-
08-2024 of the Graduate Teachers appointed before 01-01-2008 had been
stayed by this Court vide order dated 17-09-2024 in WP(C) No. 652 of 2024.
Learned senior counsel for the applicants has also further stated that the
fixation of seniority by the notification dated 30-08-2024 for the Graduate
Teachers appointed before 01-01-2008 will not at all affect the inter se
seniority list of the parties in WP(C) No. 407 of 2022 on the ground that they
were appointed in the years 2011, 2012, 2013, 2014, 2015 and 2016. It is
also stated that the interim order dated 02-06-2022 in WP(C) No. 407 of
2022 cannot be interpreted as a stay on seniority list of all Graduate
Teachers recruited in different years. Mr. M. Hemchandra, learned senior
counsel for the applicants, has pointed out that on minute reading of the
relevant portion of the order dated 02-06-2022, it will be crystal clear that the
stay on the fixation of seniority list is between the Graduate Teachers for the
original group and the converted group, thereby meaning that the writ
MC(WP(C)) No. 708 of 2024 Page 12 of 21
MC(WP(C)) No. 544 of 2024 &
WP(C) No. 652 of 2024
petitioners who were appointed in the year 2013 and the converted group
who were initially appointed in the years 2011, 2012, 2014, 2015 and 2016
and absorbed in the year 2020. Learned senior counsel further submits that
the interim order cannot go beyond the main relief. Learned senior counsel
draws the attention of this Court to the prayer made by the petitioners in
WP(C) No. 407 of 2022 where it is clearly seen that their grievance is against
the absorption of Graduate Teachers from RMSA and SSA Schemes who
were appointed in the years 2011, 2012, 2014, 2015 and 2016 and absorbed
in the year, 2020 vide order 23-07-2020. It is emphasized that the interim
order dated 02-06-2022 in WP(C) No. 407 of 2022 shall confine to the stay
on the finalization of seniority list of Graduate Teachers (original and
converted groups) of the year 2011-2016 respectively. It is also pointed out
that some of the applicants in the present application and the private
respondents in WP(C) No. 652 of 2024 have already retired from service
and some are going to retire very soon. If the interim order dated 17-09-2024
passed by this Court in WP(C) No. 652 of 2024 with MC(WP(C)) No. 544 of
2024 is not vacated or modified, the applicants and the private respondents
in WP(C) No. 652 of 2024 shall suffer immensely.
[10] During the course of hearing, Mr. M. Hemchandra, learned senior
counsel for the applicants, also refer to a letter dated 05-01-2024 submitted
by the Director of Education (S), Manipur to the Commissioner, Education
(S), Government of Manipur proposing for fixation of seniority list. It was
observed that the seniority list of Graduate Teachers appointed/regularized
on or before the year 2022 could not be finalized due to the pendency of
MC(WP(C)) No. 708 of 2024 Page 13 of 21
MC(WP(C)) No. 544 of 2024 &
WP(C) No. 652 of 2024
WP(C) No. 407 of 2022 specially the interim order dated 02-06-2022.
However, it was clarified in the letter that the latest final seniority list of
Graduate Teachers could be categorized into 3 groups — (i) Graduate
Teachers appointed on or before 02-12-1987, (ii) Graduate Teachers who
were appointed/ promoted during the period between 02-12-1987 and 19-
04-2007 and (iii) Graduate Teachers who were appointed on 19-04-2007
and these 3 groups of Graduate Teachers who were appointed on or before
19-04-2007 are not affected by the ongoing Court case being WP(C) No.
407 of 2022 and the final seniority list of these 3 sets of Graduate Teachers
appointed prior to 01-01-2008 may be finalized. Accordingly, the notification
dated 30-08-2024 has been finalized by the Department of Education (S),
Government of Manipur for the Graduate Teachers appointed before 01-01-
2008. It is prayed that the interim order be vacated and the applicants and
the private respondents in WP(C) No. 652 of 2024 may be allowed to get
the benefits of further promotion, as some of them have already retired and
some are going to retire very soon.
[11] Mrs. Ch. Sundari, learned Government Advocate for the State
respondents, has adopted the submissions made by the learned senior
counsel for the applicants. Mrs. Ch. Sundari, learned Government Advocate,
has also clarified that the Graduate Teachers appointed prior to 01-01-2008
have nothing to do with the parties in WP(C) No. 407 of 2022 who were
appointed in the years 2011, 2012, 2013, 2014, 2015 & 2016 and absorbed
in the year 2020 with retrospective effect. It is prayed that the interim order
may be vacated and the State Government may be permitted to undergo
MC(WP(C)) No. 708 of 2024 Page 14 of 21
MC(WP(C)) No. 544 of 2024 &
WP(C) No. 652 of 2024
further process of promotion.
[12] On the other hand, Mr. H.S. Paonam, learned senior counsel for
the writ petitioners, submits that the interim order dated 02-06-2022 passed
by this Court in WP(C) No. 407 of 2022 is a general order directing the State
Government not to finalize the seniority list of Graduate Teachers both
original and converted groups. Learned senior counsel clarifies that the
‘original’ means the all the Graduate Teachers appointed in the Department
of Education (S) and hence, the applicants and the private respondents in
WP(C) No. 652 of 2024 who were appointed prior to 01-01-2008 would also
fall within the definition of original Graduate Teacher so as to attract bar of
interim order dated 02-06-2022. It is stated that the present applicants
should have filed an application for vacating the interim order dated 02-06-
2022 passed by this Court in WP(C) No. 407 of 2022. It is submitted that the
impugned order dated 30-08-2024 issued by the State Government
finalizing the seniority list of Graduate Teachers appointed before 01-01-
2008 for promotion to the post of Lecturers of Higher Secondary Schools
under the Department of Education (S), Manipur would be barred by the
interim order dated 02-06-2022. It is also stated that the applicants and the
private respondents have not challenged the tentative list of Graduate
Teachers holding Master Degree with 50% marks and above dated 01-10-
2019 issued by the State Government. It is prayed that the present
application be dismissed as not maintainable.
[13] This Court has perused the material on record, considered the
submissions made at the Bar and the relevant provisions of law in this regard
MC(WP(C)) No. 708 of 2024 Page 15 of 21
MC(WP(C)) No. 544 of 2024 &
WP(C) No. 652 of 2024
and the impugned notification dated 30-08-2024 issued by the Government
finalizing the seniority list of 63 eligible Graduate Teachers appointed before
01-01-2008 for promotion to the post of Lecturers of Higher Secondary
Schools under the Department of Education (S), Manipur. It is also an
admitted fact that the applicants and the private respondents in WP(C) No.
652 of 2024 were not a party in WP(C) No. 407 of 2022. It is also an admitted
fact that the petitioners in WP(C) No. 407 of 2022 were appointed as regular
Graduate Teachers in the Department of Education (S), Government of
Manipur in the year 2013 and the private respondents in WP(C) No. 407 of
2022 were initially appointed in RMSA and SSA Schemes in the years 2011,
2012, 2014, 2015 and 2016 and their service were absorbed as regular
Graduate Teachers in the Department of Education (S), Manipur dated 23-
07-2020 with retrospective effect including the seniority. In the
circumstances, the absorbed employees vide order dated 23-07-2020 are
placed en bloc senior to the petitioners therein. On perusal of the prayers in
WP(C) No. 407 of 2022, it is seen that the issue is the inter se seniority of
the writ petitioners who were appointed in the year 2013 and the private
respondents who were initially appointed under the schemes in the years
2011, 2012, 2014, 2015 and 2016 and absorbed in the year 2020 with
retrospective effect. It is also an admitted fact that the applicants and the
private respondents in WP(C) No. 652 of 2024 are not the parties in WP(C)
No. 407 of 2022. Even if the seniority list of the Graduate Teachers
appointed before 01-01-2008 vide notification dated 30-08-2024 is finalized,
the same will not affect the merit of the case of the parties in WP(C) No. 407
MC(WP(C)) No. 708 of 2024 Page 16 of 21
MC(WP(C)) No. 544 of 2024 &
WP(C) No. 652 of 2024
of 2022 who have been appointed during the years 2011 to 2016. This Court
is of the opinion that the impugned seniority list dated 30-08-2024 finalizing
the seniority list of Graduate Teachers appointed prior to 01-01-2008 has no
connection, even remotely, with the seniority list of the parties involved in
WP(C) No. 407 of 2022. It is a settled proposition of law that the interim relief
cannot go beyond the main relief prayed for in the writ petition. This Court
does not find any merit in the submission of Mr. H.S. Paonam, learned senior
counsel for the writ petitioners in WP(C) No. 652 of 2024 that the interim
order dated 02-06-2022 passed by this Court in WP(C) No. 407 of 2022 shall
operate as a bar to the finalization of seniority list of Graduate Teachers in
the Department of Education (S), Manipur appointed in different years. It will
be fruitful to refer the decision of Hon’ble Supreme Court in the case of Mrs.
Akella Lalitha vs. Sri Konda Hanumantha Rao & Anr, 2022 LiveLaw (SC)
638 where it is pointed out that relief not found on pleadings should not be
granted. If a Court considers or grants a relief for which no prayer or pleading
was made depriving the respondent of an opportunity to oppose or resist
such relief, it would lead to miscarriage of justice.
In the case of Bharat Amratlal Kothari & Anr. Vs. Dosukhan
Samadkhan Sindhi & Ors., AIR 2010 SC 475, it is pointed out that:-
“Though the Court has very wide discretion in granting relief, the
Court, however, cannot, ignoring and keeping aside the norms and
principles governing grant of relief, grant a relief not even prayed for
by the petitioner.”
The relevant para 14
“…..14. The approach of the High Court in granting relief not prayed
for cannot be approved by this Court. Every petition under Article 226
MC(WP(C)) No. 708 of 2024 Page 17 of 21
MC(WP(C)) No. 544 of 2024 &
WP(C) No. 652 of 2024
of the Constitution must contain a relief clause. Whenever the
petitioner is entitled or is claiming more than one relief, he must pray
for all the reliefs. Under the provisions of the Code of Civil Procedure,
1908, if the plaintiff omits, except with the leave of the court, to sue
for any particular relief which he is entitled to get, he will not
afterwards be allowed to sue in respect of the portion so omitted or
relinquished. Though the provisions of the Code are not made
applicable to the proceedings under Article 226 of the Constitution,
the general principles made in the Civil Procedure Code will apply
even to writ petitions. It is, therefore, incumbent on the petitioner to
claim all reliefs he seeks from the court. Normally, the court will grant
only those reliefs specifically prayed by the petitioner. Though the
court has very vide discretion in granting relief, the court, however,
cannot, ignoring and keeping aside the norms and principles
governing grant of relief, grant a relief not even prayed for by the
petitioner.
M/S Rajasthan Art Emporium -Versus- Kuwait Airways and Anr, 2023
INSC 996,
Relevant Para 24 — It is a trite law that a party is not entitled to seek relief
which he has not prayed for.
John Vergese Vs. Gracy Vergese MANU/MH/0598/2006
Relevant para 11 — Petition seeking review of the order directing the
applicant No. 1 to deposit an amount with the Registry of Court to meet the
educational expenses of his two children, who were presently under the care
of the Respondent/original Petitioner – Held, if no such claim for relief was
put forward in the suit or proceedings or petition, it means that there was no
occasion for investigation of such a claim in the proceedings, or petition or
suit, there could be no justification for the grant of an interim relief which
would not only just lapse on the termination of the proceedings, but which
MC(WP(C)) No. 708 of 2024 Page 18 of 21
MC(WP(C)) No. 544 of 2024 &
WP(C) No. 652 of 2024
would leave the parties in the same position in which they were before the
institution of the suit, in the course of which the interim relief was sought and
obtained – That was not the scope of grant of interim relief – Order to the
extent it travels beyond the scope of the petition or the prayer for interim
relief, was liable to be reviewed – Hence, review petition allowed.
The State of Orissa Vs. Madan Gopal Rungta MANU/SC/0012/1951
Relevant Para 7 — On behalf of the appellant it was urged that the Court
had no jurisdiction to pass such orders under article 226 under the
circumstances of the case. This is not a where the Court before finally
disposing of a petition under article 226 gave directions in the nature of
interim relief for the purpose of maintaining the status quo. The question
which we have to determine is whether direction in the nature of interim relief
only could be granted under Article 226, when the Court expressly stated
that it refrained from determining the rights of the parties on which a writ of
mandamus or directions of a like nature could be issued. In our opinion,
Article 226 cannot be used for the purpose of giving interim relief as the only
and final relief on the application as the High Court has purported to do. The
directions have been given here only to convent the provisions of section 80
of the Civil Procedure Code, and in your opinion that is not within the scope
of Article 226. An interim relief can be granted only in aid of and as ancillary
to the main relief which may be available to the party on final determination
of his rights in suit or proceeding.”
[14] From the above decisions, it is clear that the interim relief cannot
go beyond the main relief prayed for in the main petition. Even if the Court
has a power to grant relief not prayed for, it has to consider all the
MC(WP(C)) No. 708 of 2024 Page 19 of 21
MC(WP(C)) No. 544 of 2024 &
WP(C) No. 652 of 2024
circumstances so that the rights of the others who are not party before the
Court would not be affected. In the present case, on perusal of the prayers
in the main relief in WP(C) No. 407 of 2022, the primary dispute is between
the writ petitioners herein appointed in the year 2013 and the private
respondents who were appointed in the years 2011, 2012, 2014, 2015 and
2016 and absorbed in the year 2020 with retrospective effect including
seniority. This Court is of the view that the impugned seniority list dated 30-
08-2024 of pre-2008 appointees does not affect the case of the parties in
WP(C) No. 407 of 2022 who are post-2011 appointees. Keeping in mind the
main relief, the interim order dated 02-06-2022 passed by this Court in
WP(C) No. 407 of 2022 regarding prohibiting the State Government from
finalizing the seniority list of the original and the converted groups of
Graduate Teachers should confine to the parties therein, that is, the
Graduate Teachers appointed in the year 2013 and the Graduate Teachers
appointed in the years 2011, 2012, 2014, 2015 & 2016 under RMSA but
absorbed in the year 2020 with full retrospective effect including seniority.
[15] In the circumstances, this Court is of the view that the interim order
dated 02-06-2022 passed by this Court in WP(C) No. 407 of 2022 cannot be
overstretched to include all the seniority lists of all the Lecturers appointed
prior to 01-01-2008. It is not disputed by the writ petitioners herein that the
applicants and the private respondents in WP(C) No. 652 of 2024 have been
appointed prior to 01-01-2008. In the circumstances, it is clarified that the
interim order dated 02-06-2022 passed by this Court in WP(C) No. 407 of
2022 cannot be invoked to stay the final seniority list dated 30-08-2024 for
MC(WP(C)) No. 708 of 2024 Page 20 of 21
MC(WP(C)) No. 544 of 2024 &
WP(C) No. 652 of 2024
the Graduate Teachers appointed before 01-01-2008, as the same does not
affect the inter se seniority list of the parties in WP(C) No. 407 of 2022 who
are post-2011 appointees. Accordingly, the interim order dated 17-09-2024
in WP(C) No. 652 of 2024, staying the final seniority list dated 30-08-2024
of 63 eligible Graduate Teachers appointed before 01-01-2008, is vacated.
State Government may expedite the process for promotion in terms of the
seniority list dated 30-08-2024, as some of the Graduate Teachers of pre-
2008 appointees have already retired and some more are going to retire
soon.
[16] With this observation and direction, MC(WP(C)) No. 708 of 2024
is allowed and disposed of and MC(WP(C)) No. 544 of 2024 is also disposed
of as infructuous in terms of the above observations and directions.
[17] List WP(C) No. 652 of 2024 on 18-08-2025 for further
proceedings.
JUDGE
FR/NFR
Victoria
MC(WP(C)) No. 708 of 2024 Page 21 of 21
MC(WP(C)) No. 544 of 2024 &
WP(C) No. 652 of 2024
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