Kh. Nobin Singh, J
[1] Heard Shri Kh. Santa, learned counsel appearing for the petitioner and Shri Y. Ashang, learned Government Advocate for the respondents.
[2] By the instant writ, the petitioner has prayed for issuing a writ of mandamus or any other appropriate writ to direct the respondents to the appoint
the petitioner to any suitable post in the Education Department, Government of Manipur commensurate with her education qualification under Die-in-
Harness scheme.
[3] According to the petitioner, she is the daughter of the deceased Late Chongtham Chaoba Singh, who is serving as Lecturer (SG) in the
Antrhopology Department, D.M. College of Science who died while in service due to the head injury sustained by him in an accident. The
petitioner’s father left behind his widow, 3(three) sons and one daughter who is the present petitioner being his legal heirs. Consequent upon the
expiry of the petitioner’s father, he was terminated from service vide order dated 17.07.2000 issued by the Education Department (College
Section), Government of Manipur.
[4] The deceased was the sole bread earner of his family and on his sudden and untimely death, his family members have been facing a great deal of
financial hardship and accordingly due to the lack of regular income as there is government employee in his family and accordingly, the petitioner
submitted a representation on 18.07.2000 to the Commissioner, Education (U) Department of Manipur requesting him to appoint her to a suitable post
under Die-in-harness scheme. The Additional Director, University & Hr.Education, Government of Manipur vide letter on 25.05.2004 requested the
Deputy Commissioner, Imphal West to furnish a details in respect of the petitioner for consideration and in compliance with the said letter, the Deputy
Commissioner, Imphal West District vide its letter dated 03.06.2004 furnished a details sought for by the Director of Education (U), Government of
Manipur. In the meantime, the Principal of D.M. College of Science forwarded to the Director of Education (U), Government of Manipur an
application in original along with the document submitted by the petitioner. On 04.06.2007, the Under Secretary to the Government of Manipur
requested the Director to furnish a proposal for appointment of the petitioner to any suitable post in the Edn/School, Manipur under Die-in-harness
scheme. Accordingly, the Additional Director Education (U) of its letter dated 31.01.2007 sent a proposal to the Commissioner of Education (U) to
appoint the petitioner under Die-in-harness scheme to the vacant post of primary teacher at Ibungosana Primary School vice K.Ibechaobi Devi,
Primary teacher who is not included in the down sizing /right sizing the post of in the Education Department, Government of Manipur. The family
members/legal heirs of the deceased Late Chongtham Chaoba Singh do not have any objection to the appointment of the petitioner but since no action
was taken by the respondents, the petitioner submitted a representation dated 23.07.2018 to the Commissioner (U), Government of Manipur by way of
reminder.
[5] Being aggrieved by the inaction on the part of the respondents, the petitioner has filed the instant writ petition contending inter-alia that in many
similar case and in particular, the writ petition being WP(C) No. 165 OF 2016, this Court passed an order dated 29.02.2016 directing the respondents
therein to consider the case of the petitioner therein for appointment under Die-in-harness Scheme is no doubt to the compassionate appointment, none
consideration of it on the part of the respondents is in violation of the principal of provisions of the article 14 and 16 of the constitution of India.
