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2006 DIGILAW 410 (GAU)

Remlalthang v. State of Manipur and Anr.

2006-05-04

T.NANDA KUMAR SINGH

body2006
Heard Mr.Y.Nirmolchand, learned counsel for the petitioner as well as Mr.Th.Ibohal, learned GA for the respondents. [2] The learned counsel appearing for the petitioner submits that even if the original relief sought for in the present writ petition is for a direction to the respondents to give and afford the pay scale and other service benefits attached to the post of Headmaster Junior High Schools w.e.f. 29.4.2005 till the day he discharge the duties of Headmaster. At the time of hearing of the present petition, learned counsel for the petitioner submits that he is not sticking to the original said relief sought for in the present petition, but, he simply pray for a direction to the respondents to consider as to whether the petitioner shall be entitled to get the pay and allowances for the post of Headmaster of Junior High School/AIs basing on the recent decision of this Court (Division Bench) dated 20.12.2005 passed in Writ Appeal No.22 of 2001 (incidentally this court is one of the party). [3] The petitioner prayed for the above simple relief basing on the fact that the petitioner is eligible for appointment to the post of Headmaster of the Junior High School of Government Schools and also AI of Schools. Vide order of the Government of Manipur being No.3/2/05-SE(S) dated 29.4.2005 the petitioner had been allowed to hold the post of Headmaster of the Molphei Tampak Government Junior High School on in-charge basis. Copy of the said order of the Government of Manipur is available at Annexure-A/1 to the present writ petition. Later on vide order of the Government of Manipur dated 28.9.2005 the petitioner had been transferred and posted as in-charge AI of Schools and since then he has been working as AI of Schools and such being the situation, the case of the petitioner is that the petitioner has been holding the post of Headmaster of the Junior High School or equivalent i.e. Assistant Inspector of Schools since 29.4.2005. In order to substantiate case of the petitioner, learned counsel for the petitioner had referred to the decision of this court (Division Bench) dated 20.12.2005 passed in WA No.22 of 2005 wherein this court had directed the authority concerned to consider the claim of the petitioner concerned for payment of the pay and allowances of Headmaster as he had been working in the capacity Headmaster on in-charge basis. Learned counsel for the petitioner simply prayed that this writ petition can be disposed of by giving direction similar with the one given by this court (Division Bench) in the judgment and order dated 20.12.2005 passed in WA No.22 of 2005. [4] Taking into consideration of the submission of learned counsel for the petitioner and also the case of the petitioner in the present petition and documents annexed thereto and affidavit of the petitioner, this writ petition is disposed of by directing the respondents to consider the claim of the petitioner with regard to the pay and allowances of the Headmaster of Junior High School or equivalent or the Assistant Inspector of Schools on the basis of the said order of the Government of Manipur dated 29.4.2005 and 28.9.2005 and pass any appropriate reasoned order within 4 (four) months from the date of receipt of certified copy of this judgment and order. [5] Petitioner is directed to approach the competent authority with certified copy of this judgment and order for taking necessary steps in compliance of the same. For the foregoing observation and direction writ petition is disposed of.