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2006 DIGILAW 337 (GAU)

Laishram Sunita Devi v. State of Manipur and Ors.

2006-04-06

T.NANDA KUMAR SINGH

body2006
1. Heard Mr. O. Kiranjit Singh, learned counsel appearing on behalf of the petitioner as well as Mr.Th. Ibohal Sing, learned G.A. appearing on behalf of the respondents. 2. The facts giving to raise the present writ petition are that the petitioner's educational qualifications are that she passed M.Sc. (Physics) and the B.Ed. Examinations. She was appointed as Primary Teacher on ad hoc basis in the Noor Ali Primary School for a period upto 31.12.1997 under an order of the Director (Edn/S), Govt. of Manipur being No.46/46/96-ED(V) dated 1st October, 1997, a copy of which is available at Annexure-A/1 to the present writ petition. It is said that even if the petitioner is a well qualified person to be appointed as a Primary Teacher inasmuch as she obtained Master degree in Physics and also a trained teacher, i.e. B.Ed, her case was not considered for regularization. Such being the situation, the petitioner approached this court by filing a writ petition, i.e. W.P(C) No.517 of 2000, for a direction to the State Government/respondents to consider her case for regularization; but the said case was disposed of by an order dated 9.5.2000 with the direction and observation that “The petitioner herein shall be allowed to continue in the post till the post are filled up on regular basis. With this observation, this writ application shall stand disposed of.”, a copy of the said order of this court dated 9.5.2000 passed in W.P(C ) No.517 of 2000 is available at Annexure-A/4 to the present writ petition. 3. It is also said that the post held by the petitioner is not yet filled up regularly. Even thought the existence of the order of this court dated 9.5.2000 passed in W.P(C) No.517 of 2000 for allowing the petitioner to continue in the post till the post is filled up on regular basis, the Director of Education(S), Govt. of Manipur issued an order being No.3/2/2000-ED (H) dated 12th March, 2002 for terminating the services of the petitioner. 4. The only grievance of the petitioner in this case is that the petitioner was not even paid her salaries from 1st January, 1998 till her service was terminated under the said order of the Director of Education(S), Govt.of Manipur dated 12.3.2002. 4. The only grievance of the petitioner in this case is that the petitioner was not even paid her salaries from 1st January, 1998 till her service was terminated under the said order of the Director of Education(S), Govt.of Manipur dated 12.3.2002. In order to substantiate the case of the petitioner that she had rendered her services during the period from 1st October, 1997 till 17.4.2002, the learned counsel for the petitioner has drawn the attention of this court to the certificate issued by the concerned Head Master dated 17th April, 2002. Mr. Th. Ibohal Singh, learned G.A. appearing for the respondents submits that an enquiry will be required as to whether or not the petitioner had rendered services for the period from 1st October, 1997 till 17.4.2002. 5. Taking into consideration of the earlier order of this court dated 9.5.2000 passed in W.P(C) No.517 of 2000 and also the said certificate dated 17.4.2002 issued by the concerned Head Master to the effect that the petitioner had rendered her services from 1st October, 1997 to 17th April, 2002 and also on perusal of the case of the petitioner in the present writ petition supported by affidavit and documents, this writ petition is disposed of by directing the respondents to pay the pay and allowances of the petitioner for the period from 1.1.1998 to 11.3.2002 in case the petitioner had rendered her services during that period. In order to satisfy as to whether the petitioner had rendered services during the period from 1.1.1998 to 11.3.2002 or not, the Commissioner/Secretary of Education (School Section) may hold an enquiry. Further, it is made clear that all the exercises should be completed within a period of 5(five) months from the date of receipt of the certified copy of this judgment and order of this court. 6. With the above observations and directions, this writ petition is disposed of and allowed. No costs.