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2006 DIGILAW 321 (GAU)

Yumnam Khamba Singh and Anr. v. State of Manipur and Ors.

2006-04-03

T.NANDA KUMAR SINGH

body2006
Heard Mr.N.Jotendro, learned counsel for the petitioner as well as Mr.Th.Ibohal, learned GA for the respondents. [2] The fact, stated in short, of the petitioners' case are that; The petitioner no.1 Shri Yumnam Khamba Singh was initially appointed as Grade-IV/Peon on ad hoc basis at Kakching Higher Secondary School, Kakching for a period of 3 months w.e.f. the date of joining duty vice Y.Bimola Devi, Grade-IV(Peon) appointed as Asstt.Graduate teacher or till the post is filled up on regular basis. Copy of the said order of the Director, Education (S), Government of Manipur dated 7.10.1998 is available at Annexure-A/1 to the present writ petition and similarly petitioner no.2, Shri Y.Shanta Singh was also appointed as Lab.Attendant at the Chaoyaima Higher Secondary School, Thoubal on ad hoc basis for a period of three months w.e.f. the date of joining his duty in the school vice Shri Y.Gopal Singh, Lab.Attendant retired vide order of the Director of Education (S), Government of Manipur dated 12.10.1998. [3] According to the petitioners they had earlier approached this court by filing writ petition being WP© No.65 of 2000 for a direction to the State respondents to consider their ad hoc appointment for regularization in the respective posts held by them. This court had finally disposed of the Writ Petition © No.65 of 2000 by passing judgment and order dated 23.2.2000 to the following effect that: “Let the petitioners continue until the posts held by them are filled up on regular basis, if they are continuing as claimed by them as on this date. Consequently necessary orders of extension shall be issued and they shall be paid their salary and allowances regularly. Arrear pay & allowances shall be released within a period of 2 (two) months from the date of receipt of this order.” Copy of the said order of this court dated 23.2.2000 is available at Annexure-A/3 to the present writ petition. [4] It is also further case of the petitioners that as the State respondents failed to comply with the direction of this court in the judgment and order dated 23.2.2000 passed in WP© No.65 of 2000 they had approached this court by filing contempt petition being Cont.Case© No.120 of 2001 against the Commissioner, Education and others. [4] It is also further case of the petitioners that as the State respondents failed to comply with the direction of this court in the judgment and order dated 23.2.2000 passed in WP© No.65 of 2000 they had approached this court by filing contempt petition being Cont.Case© No.120 of 2001 against the Commissioner, Education and others. The said contempt case no.120 of 2001 had been disposed of by passing final judgment and order dated 25.4.2005 to the effect that: “Whatever formalities are required to be carried out, same shall be carried out by the Cabinet Secretary and the Chief Secretary of the State within a period of three months from today and within the aforesaid period of three months, the petitioners shall be paid their salary both arrear and current as was ordered by this Court in the aforesaid order dated 23.3.2000 passed in WP© No.65/2000. The Chief Secretary of the State shall take personal care in the matter. This has been done in the instant case.” In compliance with the order of this court dated 23.3.2005 passed in WP© No.65 of 2000 the Commissioner, Education (S), issued separate orders dated 5.8.2005 for extending the term of ad hoc appointment of the petitioners as Grade-IV(Peon) and Laboratory Attendant w.e.f. 1.4.2000 to 31.7.2005 or till the posts are filled up on regular basis. Copy of the order dated 5.8.2005 is available at Annexure-A/5 to the writ petition. [5] After the term of ad hoc appointment of the petitioners had been extended under the said order of Government of Manipur dated 5.8.2005 pay and allowances of the petitioners for the period from 1.4.2000 to 31.7.2005 had been paid. Even if their appointments had been extended by the said order of the Government of Manipur dated 5.8.2005 till the posts held by them are filled up on regular basis and also the posts held by them have not yet filled up on regular basis and they are continuing to serve as ad hoc Grade-IV/Peon and Laboratory Attendant respectively without getting their pay and allowances w.e.f. 1.8.2005. [6] The learned counsel for the petitioners submits that unless and until the court passed orders for payment of salary, respondents are not paying their pay and allowances. If the submission of learned counsel for the petitioner is correct, it is very unfortunate. [6] The learned counsel for the petitioners submits that unless and until the court passed orders for payment of salary, respondents are not paying their pay and allowances. If the submission of learned counsel for the petitioner is correct, it is very unfortunate. [7] In the facts and circumstances mentioned above, this writ petition is disposed of by directing the respondents to pay the pay and allowances of the petitioners w.e.f. 1.8.2005 if they are continuing in service as ordered earlier, as expeditiously as possible, preferably within three months from the date of receipt of certified copy of this judgment and order. However, this order shall not bar the respondents to fill up the posts held by the petitioners on regular basis. With the above observation and direction, writ petition is allowed.