Mayengbam Janeshor Singh of Wabagai v. State of Manipur and Anr.
2006-03-08
T.NANDA KUMAR SINGH
body2006
DigiLaw.ai
1. Heard Mr. N. Jotendro Singh, learned counsel for the petitioner as well as Mr. Th. Ibohal Singh, learned GA appearing for the respondent No. 2. 2. In the present writ petition, the petitioner is asking an innocuous direction to the respondents to pay the pay and allowances of the petitioner for working as Grade-IV/ Choukidar in the Education Department, Govt. of Manipur. 3. The petitioner's claim of continuity in service as Chowkidar at Yangbi Girl's High School, Wabagai Manipur in the Education Department, Govt. of Manipur is seriously disputed by the learned G.A. According to the petitioner, he was appointed as Grade-IV/Chowkidar on ad hoc basis in Yangbi Girl's High School under the order of the Director of Education(S), Govt. of Manipur dated 25.9.1998 (Annexure- A/1 to the writ petition) for a period of 3(three) months w.e.f. the date joining his duty in service vice Shri Th. Takpi Singh, Grade-IV (Chowkidar) retired or till the post is filled up on regular basis whichever is earlier. 4. According to the petitioner, the term of his ad hoc appointment is extended from time to time and the last extension order was issued on 3.4.1999. Under the said last extension order, the term of the ad hoc appointment of the petitioner as Grade-IV is extended for another 3(three) months w.e.f. 25.3.1999. According to the petitioner while he was continuing in service as Chowkidar, he approached this court by filing a writ petition being W.P(C) No. 485 of 2000 for a direction to regularize his ad hoc appointment as Grade-IV Chowkidar. In that writ petition, i.e. W.P(C )No.485 of 2000, this court passed an interim order to the effect that “as an interim measure, I direct that the petitioner will continue until the post held by him is filled up on regular basis, if he is still continuing as claimed by him, and necessary extension orders be passed by the authorities in favour of the petitioner and paid his salary and allowances regularly. Arrear pay and allowances be also released within a period of two months from the date of receipt of a certified copy of this order.
Arrear pay and allowances be also released within a period of two months from the date of receipt of a certified copy of this order. It is made clear that in case the results of the DPC held in June, 1999 and declared and the petitioner is not selected, his services will be terminated.” It is the case of the petitioner that the said interim order of this court dated 28.4.2000 passed in W.P(C) No.485 of 2000 is not yet vacated or modified. Basing on the interim order of this court dated 28.4.2000, the learned counsel for the petitioner submits that as the petitioner is continuing to serve as Chowkidar at the time of passing the interim order dated 28.4.2000 the respondents are duty bound to issue extension orders. 5. The further case of the petitioner is that in spite of rendering his service as Grade-IV/Chowkidar, he is not getting pay and allowances from 26.6.1999 till date. 6. On considering the submissions of the learned counsel of the petitioner and on perusal of the earlier interim order of this court dated 28.4.2000 passed in W.P(C) No.485 of 2000, this writ petition is disposed of by directing the respondents, more particularly the Commissioner/Secretary Education(S), Govt. of Manipur to hold an enquiry as to whether or not the petitioner is still continuing to serve as Grade-IV/Chowkidar in the Yangbi Girl's High School, Wabagai, Manipur and in case the petitioner is found to have been rendering his service as Grade-IV/Chowkidar, the respondents shall pay the pay and allowances of the petitioner. It is made clear that the whole exercise should be completed within a period of 5(five) months from the date of receipt of this judgment and order. 7. Writ petition is disposed of. No costs.