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2006 DIGILAW 371 (GAU)

Md. Jamir Ali and Ors. v. State of Manipur and Anr.

2006-04-17

T.NANDA KUMAR SINGH

body2006
Heard Mr. M. Rajen, learned counsel for the petitioners as well as Mr. Th. Ibohal Singh, learned G.A for the respondents. 2. The facts, stated in short, of the petitioners' case are that the petitioners are now working as Headmaster in-charge/look after basis in the different schools. It is stated that the petitioners and others filed a number of writ petitions being Writ Petition(C) Nos. 1620/2000, 1526/2000 and 1619/2000 before this Court for payment of the higher scale i.e. the scale of Headmasters to them. It is also stated that those writ petitions were finally disposed of by directing the State respondents to allow the petitioners to enjoy higher scale of pay i.e. the pay scale of Headmasters. Ultimately, Government of Manipur passed an order being No. 12(HC)/322/2001-SE(S) Imphal dated 15.12.2001 for allowing the petitionerNo.1 and others to enjoy the scale of pay of Headmaster (Primary School) plus usual allowances admissible under the rule with effect from the date of utilizing their services as long as they served as Headmaster (Primary School), and shall not be added as regular increment in the service book For easy reference State Government orders dated 15.12.2001 is quoted hereunder: “ORDERS BY THE GOVERNOR;MANIPUR Imphal, the 15th December,2001. No.12(HC)/322/2001-SE(S): Whereas, Smt. N. Angoubi Devi and others were allowed to function as i/c Headmaster of Primary School Vide Government Orders which is shown in Annexure- A/1. Whereas, the Hon'ble Gauhati High Court, Imphal Bench passed orders in various Court cases, directing the respondents, inter alia to give the pay scale, status and other services benefits to the petitioners in accordance with the governing their services from the date from which they were allowed to take charge of their respective-post. Now, therefore, the Governor of Manipur is pleased to order that Smt. N. Angoubi Devi and other writ petitioners whose names given in the enclosed Annexure, are allowed to enjoy the scale of pay of Headmaster, Primary School, plus usual allowances admissible under the rule w.e.f. the date of utilizing their services as long as they served as Headmaster, Primary. And shall not be added as regular increment in the Service book. This is an compliance with the Hon'ble Gauhati High Court order dated 13.6.2001, 2.8.2001, 1.8.2001, 10.1.2001, 6.2.2001, 20.9.2001, 10.9.2001, 13.6.2001 in W.P.(C) No.874/2001, 733/2001,1176/2001, 1620/2001, 655/2001, 444/2001,923/1998, 1032/2001, 973/2001. And shall not be added as regular increment in the Service book. This is an compliance with the Hon'ble Gauhati High Court order dated 13.6.2001, 2.8.2001, 1.8.2001, 10.1.2001, 6.2.2001, 20.9.2001, 10.9.2001, 13.6.2001 in W.P.(C) No.874/2001, 733/2001,1176/2001, 1620/2001, 655/2001, 444/2001,923/1998, 1032/2001, 973/2001. It is further ordered that duty allowances already drawn by the petitioner, if any, shall be adjusted to the arrear of pay and allowances of the petitioner. Further, it will not imply any effect on seniority. By Orders & in the name of Governor, Sd/- (Shambhu Singh) Secretary, Education (S), Government of Manipur.” 3. Similarly, Government of Manipur also passed another order being No.12 (HC)/342/2001-S(S) Imphal dated 5.1.2002 for allowing the petitioners No.2 and 3 and others to enjoy the scale of pay of Headmaster (Primary School) plus usual allowances admissible under rule with effect from the date of utilizing their services as long as they served as Headmaster (Primary School), and shall not be added as regular increment in the service book. For easy reference Government orders dated 5.1.2002 is quoted hereunder: “ ORDERS BY THE GOVERNOR:MANIPUR Imphal the 5th January, 2002. No.12(HC)/342/2001-S(S): Whereas, Shri Ng. Ashokumar Singh and 3(three) others were allowed to function as i/c Head Master or Primary School Vide Government Orders which shown in Annexure-A/1. Whereas, the Hon'ble Gauhati High Court, Imphal passed orders in various Court cases, directing the respondents, inter alia to give the pay scale, status and other services benefits to the petitioners in accordance with the governing their services from the date from which they were allowed to take charge of their respective-post. Now, therefore, the Governor of Manipur is pleased to order that Shri Ng. Ashokumar Singh and other writ petitioners whose names given in the enclosed Annexure, are allowed to enjoy the scale of pay of Head Master, Primary School, plus usual -allowances admissible under rule w.e.f. the date of utilizing their services as long as they served as Head Master, Primary School. And shall not be added as regular increment in the service book. This is in compliance with the Hon'ble High Court order dated 13.8.2000, 29.1.2001, 6.8.2000, 19.9.2000 in W.P(C) No.1619/2000,1252/2000,1526/2000 and 1285/2000. It is further ordered that duty allowances already drawn by the petitioner, if any, shall be adjusted to the arrear of pay and allowances of the petitioner. Further, it will not imply any effect on seniority. This is in compliance with the Hon'ble High Court order dated 13.8.2000, 29.1.2001, 6.8.2000, 19.9.2000 in W.P(C) No.1619/2000,1252/2000,1526/2000 and 1285/2000. It is further ordered that duty allowances already drawn by the petitioner, if any, shall be adjusted to the arrear of pay and allowances of the petitioner. Further, it will not imply any effect on seniority. By Orders & in the name of Governor, Sd/- (Shambhu Singh) Secretary, Education (S), Government of Manipur.” 4. The petitioner alleged that the Government of Manipur passed various subsequent orders in favour of the in-charge Head Masters who similarly situated with the present writ petitioners for allowing to enjoy the pay scale of Head Master (Primary School) by deleting the words/sentence “shall not be added as regular increment in the service book”. For easy reference subsequent orders of the Government of Manipur dated 23.2.2003, 8.7.2002 and 9.5.2003 are quoted hereunder: “ORDERS BY THE GOVERNMENT:MANIPUR Imphal, the 8th July, 2002 No.12(D)/40/01- SE(S): In partial modification of this Government Order No.12(HC)/322/2001-SE(S) dated 15th December, 2001 the Governor of Manipur is pleased to delete the sentence “And shall not be added as regular increment in the service book” occurring para no.3 (three) of the said order dated 15.12.2001. By orders etc. Sd/- (Shambhu Singh) Commissioner, Education(S) Government of Manipur.” “ORDERS BY THE GOVERNMENT;MANIPUR Imphal, the 25th February, 2003. No.12(HC)/418/2001-SE(S) Pt: In partial modification of this Government Order No.12(HC)/418/2001-SE(S) dated 4th June, 2002 the Governor of Manipur is pleased to delete the sentence/words-“this shall not be added as a regular increment in the service book and” occurring at para No.5(five) of the said order in case of Md. Saffaullah, A/T, Petitioner No.3 of W.P.(C) No.156 of 2001. By orders etc. Sd/- (Ch. Birendra Singh) Commissioner, Education(S), Government of Manipur.” “ORDERS BY THE GOVERNMENT:MANIPUR Imphal, the 9th May, 2003. No.12 (HC)/98/2003-SE(S): In partial modification of this Government Order No.12 (HC)/342/2001-SE(S) dated 22.1.2002 and No. (HC) 207/2000-SE(S) dated 22.2.2002 the Governor of Manipur is pleased to delete the sentence- “shall not be added as regular increment in the service book” occurring at para No.3(three) of the above mentioned orders. By orders etc. Sd/- (Ch. Birendra Singh) Commissioner, Education (S), Government of Manipur.” 5. By orders etc. Sd/- (Ch. Birendra Singh) Commissioner, Education (S), Government of Manipur.” 5. Learned counsel appearing for the petitioners submits that sentence/words “ shall not be added as regular increment in the service book” in the case of the writ petitioners mentioned in the said order of the Government of Manipur dated 15.12.2001 and 5.1.2002 have not yet been deleted. Such being the situation, learned counsel for the petitioners submits that partial treatment has been meted out to the present writ petitioners. 6. Taking into consideration of the submission of the learned counsel for the petitioners as well as learned G.A for the respondents and also on perusal of the materials available on record, the respondents are directed to issue necessary orders for deleting words/sentence “shall not be added as regular increment in the service book” from the orders dated 15.12.2001 and 5.1. 2002, by which the petitioners are allowing to enjoy the pay scale of Head Master incharge (Primary School). With the above observation and direction, this writ petition is disposed of.