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1999 DIGILAW 197 (GAU)

Islahuddin Shah v. State of Manipur

1999-06-09

J.N.SARMA, N.SURJAMANI SINGH

body1999
J. N. Sarma, J- This appeal has been filed against the judgment and order dated 15.12.98 passed by the learned Single Judge of this Court in Civil Rule No, 679of 1998. 2. The brief facts of the case are that the petitioner was ordered to work as Accounts Officer In-charge by order dated 24.2.93 in addition to his normal duty and he continued to hold the post of Accounts Officer till 28.2.98 and he retired on that date itself. 3. The petitioner claims that during the period for which he held the post of Accounts Officer in charge till his retirement, he is entitled to salary for the post which he has not been paid. The law on this point has been settled by the following three decisions of the Apex Court : (i) (1996) 10 SCC 531 (Judhistir Mohanty vs. State of Orissa & others) where the Supreme Court pointed out as follows : “It is settled position that if the Govt, for want of candidate, directs an officer in the lower cadre to perform the duties of the post in the higher cadre, during that period, necessarily, the incumbent would be entitled to the payment of the salary attached to the post if the incumbent had performed the duties in that post.” (ii) AIR 1999 SC 838 (Selva Raj vs. Lt Governor of Island, Port Blair & others) wherein the Supreme Court pointed out that if an employee is ordered to look upon the duties of higher post, the employee worked on higher post through temporarily and in an officiating capacity, is entitled to salary attached to higher post. (iii) (1997) 6 SCC 200 (Mohd Swaleh vs. Union of India & others) wherein the Supreme Court considered the Central FR 49 which has been adopted in the State of Manipur. 4. Accordingly, this writ appeal is allowed and the authority is directed to pay the balance of the amount to the appellant/petitioner in the pay of Accounts Officer and Superintendent. The amount shall be calculated and paid to the petitioner/appellant within a period of three months from the date of receipt of this order. It is made clear that this salary for the post of Accounts Officer shall not be counted towards retired benefits as he was holding the post only on officiating basis. 5. The amount shall be calculated and paid to the petitioner/appellant within a period of three months from the date of receipt of this order. It is made clear that this salary for the post of Accounts Officer shall not be counted towards retired benefits as he was holding the post only on officiating basis. 5. The petitioner/appellant may obtain the certified copy of this order and may produce the same before the authority to do the needful in terms of this order.