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Gauhati High Court · body

2005 DIGILAW 629 (GAU)

Md. Samir Khan v. State of Manipur and Ors.

2005-08-28

T.NANDA KUMAR SINGH

body2005
Heard Mr. FA Khalid, learned counsel for the petitioner and Mr.Jalal, learned GA for the respondents. 2. Learned counsel for the petitioner submits that this writ petition may be disposed of with the direction to the respondents to pay the pay and allowance of the petitioner for the period he worked as Assistant Arts Graduate Teacher. Accordingly, this case is taken up at the Admission stage for disposal. 3. Case of the petitioner is that his educational qualification is Under-Graduate. He was appointed as adhoc Assistant Arts Under-Graduate Teacher at Chingshou Junior High School, Ukhrul District, Manipur vide order of the Director of Education (S), Government of Manipur being No. 3/40/98-ED(EL)(H). Imphal the 2.2.1999 (Annexure-A/1 to the writ petition) for a period of three months w.e.f. the date of his joining duty in the School vice Shri Yarto, transferred. The petitioner further submits that he continued to work as Asstt.Arts Under-Graduate Teacher even if the Government of Manipur has not issued necessary extension order inasmuch as the Government of Manipur issued orders for extending the terms of adhoc appointment long after the expiry of the adhoc period in almost all the cases of adhoc employees. The Zonal Educational Officer, Ukhrul District, Govt. of Manipur had already written letter being No. 22/11/2002-ZEO(UKL) Pt: 5.12.2002 forwarding the application of the petitioner and three others for extension/regularization of their services to 1.the Commissioner, Education(S), Government of Manipur, 2. The Director of Education (S), Govt. of Manipur and 3. The Under Secretary, Education (S), Govt. of Manipur and further, Director of Education (S) under his letter dated 18.1.2003 (Annexure-A-4 to the writ petition) directed the Zonal Education Officer, Ukhrul to pay the pay and allowances to the petitioner for the periods upto the date i.e. 18.1.2003 with arrear as the petitioner has not been getting pay for a long period. The Headmaster, Chingshou Jr.High School, Ukhrul also issued certificate dated 6.9.2004 to the effect that the writ petitioner has been working as Assistant Arts Under-Graduate Teacher in the School without any break with full dedication and seniority (Annexure-A/5 to the writ petition). The Headmaster, Chingshou Jr.High School, Ukhrul also issued certificate dated 6.9.2004 to the effect that the writ petitioner has been working as Assistant Arts Under-Graduate Teacher in the School without any break with full dedication and seniority (Annexure-A/5 to the writ petition). As the petitioner has not been getting his pay and allowances, the petitioner also submitted a representation dated 6.9.2004 to the Director of Education (S), Govt of Manipur requesting him to pay the pay and allowances for the period he has been utilized as Assistant Primary Teacher and also for regularization of his services. But, neither the Government nor the Director, had taken up any steps in pursuance of the said representation of the petitioner. Hence the present writ petition. 4. Learned GA appearing for the respondents submits that the appointment of the petitioner is a fake appointment and also the petitioner is not working as Asstt. Arts Graduate Teacher in the said School. 5. Considering the submission of both the counsel and also on perusal of the materials available on record, this writ petition is disposed of with the direction to the respondents to hold necessary inquiry 1) whether or not the petitioner has been serving till date? and 2) whether or not his appointment is fake? After holding the inquiry, if the petitioner is found to have been serving continuously, the respondents should pay the pay and allowance to the petitioner for working as Asstt. Arts Under-Graduate Teacher. This shall be done within a period of four months from the date of receipt of this order. With the above observation and direction this writ petition is disposed of.