Brahmacharimayum Gourachandra Sharma v. State of Manipur and Ors.
2006-03-09
T.NANDA KUMAR SINGH
body2006
DigiLaw.ai
Heard Mr. Ch. Nikel, learned counsel for the petitioner as well as Mr. Th. Ibohal, learned GA for the respondents. [2] Considering the nature of this case, this writ petition is disposed of with a simple direction. [3] The case of the petitioner is simple and short; According to the learned counsel for the petitioner, the petitioner was appointed as Lower Division Clerk (LDC) in the erstwhile “New Girls' and Adult Night High School, Imphal” now called “Khoyathong High School, Imphal”. It is said that vide resolution No. 10 dated 30.5.1978, while the petitioner was working as Upper Division Clerk (UDC) in the said school, i.e. erstwhile New Girls' and Adult Night High School, Imphal, the said school was taken over by the Government. It is also said that in order to protect service of the employee/teachers of the erstwhile Government Aided School, which has been taken over by the Government of Manipur under the order of the Government of Manipur issued an order being No. 2/55/78-SE dated 2.2.1979. For easy reference the said order of Government of Manipur dated 2.2.1979 is quoted hereunder: “No.2/55/78-SE The Governor of Manipur is pleased to accord approval that the service of the Class- III and Class-IV for the newly converted 107 High/Higher Secondary Schools is counted as full service for protection of pay, promotion, pension and seniority. But the effective date of the service may be counted from the date which the appointments were duly approved by the Board of the School Managing Committee.
But the effective date of the service may be counted from the date which the appointments were duly approved by the Board of the School Managing Committee. This issues with the concurrence of Finance Department, vide their U.O No. 154/78-79/ED(15) dated 2.2.1979.” [4] The learned counsel by referring to the said order of the Government of Manipur dated 2.2.1979 submits that the service of the petitioner as UDC in the erstwhile Government Aided School i.e. New Girls' and Adult Night High School, Imphal may be counted when the said erstwhile New Girls' and Adult Night High School, Imphal was taken over along with teachers and staff by the Government of Manipur since the earlier service of the petitioner as UDC in the erstwhile New Girls' and Adult Night High School, Imphal had not been counted as full service for protection of pay, promotion, pension and seniority, the petitioner filed several representations, last being dated 6.2.2003 to the Commissioner, Education (School), Government of Manipur for consideration of his past service as UDC in the 3 erstwhile New Girls' and Adult Night High School, Imphal now called Khoyathong High School, Imphal for the purpose of protection of pay, promotion, pension and seniority. But for reasons known to the Commissioner, Education (S), the said representation is still pending. [5] It is also considered view of this court that the said representation filed by the petitioner dated 6.2.2003 should not be kept pending in perpetuity and it should be disposed of by passing reasoned order according to law. [6] Keeping in view of the above discussions, this writ petition is disposed of by directing the Commissioner/Secretary, Education (S), Government of Manipur to consider and dispose of the said representation dated 6.2.2003 filed by the petitioner as expeditiously as possible by passing reasoned order according to law. [7] Petitioner is directed to approach the Commissioner/Secretary, Education (S), Government of Manipur along with a copy of the said representation dated 6.2.2003 and certified copy of this judgment and order for taking up for necessary orders. With the above observation and direction, the writ petition is disposed of.