R. K. Jitkumar Singh and Ors. v. State of Manipur and Anr.
2006-03-03
T.NANDA KUMAR SINGH
body2006
DigiLaw.ai
Heard Mr. Kh. Thoungamba, learned counsel for the petitioners as well as Md. Jalal Uddin, learned G.A. appearing for the respondents. 2. By this writ petition, the petitioners 58 in number are asking for a direction to the respondents for payment of salaries/pay and allowances of the petitioners w.e.f. April, 2004 to till date. 3. The facts of the case of the petitioners are very simple. According to them, they were appointed in different capacities on contract basis in the Directorate of State Council of Educational Research and Training (SCERT) for effective implementation of Vocationalisation of Education at +2 stage in the line with the National Policy on Education, 1986. It is also said that they are still continuing to work in different capacities in the Directorate of SCERT. The Director, SCERT, Govt. of Manipur under her letter being NO.16/9/2002-VE (N)/SCERT (Pt) dated 19.2.2005, a copy of which is available at Annexure- A/4 to the present writ petition, requested the Commissioner, Education(S)/SCERT, Govt. of Manipur to take up necessary actions at the government level to sanction the money for payment of salaries to the contract employees, i.e. the present writ petitioners, w.e.f. July, 2004 to March, 2005. But for the reasons best known to the Commissioner, Education(S)/SCERT, Govt. of Manipur, no tangible action has been taken up in pursuance of the said requests made by the Director (SCERT) under her letter dated 19.2.2005. 4. The learned G.A. appearing for the respondents submits that an enquiry is required to be made as to whether or not the Petitioners had rendered their services on contract basis in different capacities in the Directorate of State Council of Educational Research and Training (SCERT) for the from July, 2004 to March, 2005. 5. Taking into consideration of the submissions of the learned counsel of both the parties, this writ petition is disposed of by directing the Commissioner, Education(S)/SCERT, Govt. of Manipur to take up appropriate action in pursuance of the said letter of the Director (SCERT), Govt. of Manipur dated 19.2.2005, if the petitioners had served in contract basis in the Directorate of State Council of Educational Research and Training with the said period of July 2004 to March, 2005. It is made clear that the Commissioner, Education(S)/SCERT, Govt.
of Manipur to take up appropriate action in pursuance of the said letter of the Director (SCERT), Govt. of Manipur dated 19.2.2005, if the petitioners had served in contract basis in the Directorate of State Council of Educational Research and Training with the said period of July 2004 to March, 2005. It is made clear that the Commissioner, Education(S)/SCERT, Govt. of Manipur, if required, may also hold an enquiry to find out as to whether or not the present writ petitioners had rendered their services in different capacities on contract basis in the Directorate of SCERT from July, 2004 to March,2005 and if the petitioners are found to have rendered their services for the period from July, 2004 to March, 2005 and till date, the respondents shall pay the pay and allowances of the petitioners for the period they have rendered their services. The whole exercise should be completed within a period of 4(four) months from the date of receipt of this order. 6. With the above observation and direction, this writ petition is allowed. No costs.