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2006 DIGILAW 440 (GAU)
Md. Abdul Hashim v. State of Manipur and Anr.
2006-05-11
T.NANDA KUMAR SINGH
body2006
1. Heard Mr.Kh.Binoykumar Singh, learned counsel appearing on behalf of the petitioner as well as Mr. Th. Ibohal Singh, learned GA appearing for the respondents. 2. In spite of giving ample opportunity to the respondents to file their affidavit-in-opposition, the respondents have not filed their affidavit-in-opposition till date. It would be pertinent to mention here that by an order of this court dated 21.04.2006, two weeks' time was granted to the respondents as a last chance for filing their affidavit-in-opposition and in that order dated 21.04.2006 it had been observed that in the event of failure on the part of the respondents to file their affidavit-in-opposition within the stipulated period of two weeks, this writ petition shall be disposed of on the materials available on record. But, unfortunately the respondents have not yet filed their affidavit-in-opposition. 3. The factual panorama of the petitioner's case is that the petitioner, by an order of the Inspector of Schools, Zone-I dated 10.5.1995, had been allowed to hold the post of Head Pandit of the Primary School on look after basis. It is said that since then, i.e. 10.5.1995, the petitioner has been continuing to serve as the Head Master/Head Pandit of the Primary School on look after basis. It is also said that the petitioner is eligible for appointment by promotion to the post of Head Pandit/Head Master of the Primary School. 4. The petitioner and 17 others formed an association in the name and style as All Manipur L.P. Schools' Head Pandit Association. The said association, i.e. All Manipur L.P.Schools' Head Pandit Assn., had approached this court by filing a joint writ petition, i.e. W.P. (C) No.1906 of 2001, for a direction to the respondents, i.e. the state respondents, to pay the pay and allowances to the petitioner and 17 others who are the members of the said Association as they are holding the posts of Head Master/ Head Pandit of the Primary Schools on in-charge basis.
This court by a final judgment and order dated 19.12.2001 had disposed of the said writ petition, i.e. W.P.(C )No.1906 of 2001 with the direction to the state respondents to make payment of the pay and allowances attached to the post of Head Master/Head Pandit of Primary School to the members of the All Manipur L.P.Schools' Head Pandit Assn., a copy of the said judgment and order of this court dated 19.12.2001 passed in W.P(C )No.1906 of 2001 is available at Annexure-A/4(series) to the present writ petition. From the perusal of the said judgment and order of this court dated 19.12.2001, it is clear that the name of the petitioner appears at sl.no.15 of the list of the members of the said association, i.e. All Manipur L.P.Schools' Head Pandit Assn.. 5. In pursuance of the said order of this court dated 19.12.2001 passed in W.P(C) No.1906 of 2001, the Government of Manipur had already issued an order being No.12(HC)/381/2001-SE(S) dated Imphal, the 3rd October, 2002 for allowing the present petitioner and others to enjoy the pay and allowances attached to the post of Head Master/Head Pandit of the L.P. Schools with effect from the date they had started to hold the post of Head Master/Head Pandit of the Primary schools on in-charge basis/on look after basis till 28.1.2002. It is an admitted fact of both the parties that till to-day the said judgment and order of this court dated 19.12.2001 passed in W.P© No.1906 of 2001 is still holds good inasmuch as the state respondents have not yet filed any writ appeal against the said judgment and order of this court dated 19.12.2001. 6. The petitioner and 9 others had filed a joint writ petition, i.e. W.P(C ) No.1651 of 2004 for challenging the said order of the Director of Education(S ), Govt. of Manipur dated 28.1.2002 for reverting the petitioner and others from the post of Head Master/Head Pandit of the Primary School to their respective substantive posts, i.e. Assistant Teacher. By an interim order passed by this court dated 11.3.2004 passed in W.P(C) No.1651 of 2004, the operation of the said order of the Director of Education(S), Govt. of Manipur dated 28.1.2002 so far as the petitioners of the writ petition, i.e. W.P(C) No.1651 of 2004 are concerned, shall remained suspended, provided the petitioners are holding the posts of Head Master/Head Pandit on in-charge basis as on date.
of Manipur dated 28.1.2002 so far as the petitioners of the writ petition, i.e. W.P(C) No.1651 of 2004 are concerned, shall remained suspended, provided the petitioners are holding the posts of Head Master/Head Pandit on in-charge basis as on date. 7. Mr. Kh. Binoykumar Singh, learned counsel appearing for the petitioner submits that the petitioners are still working as Head Master/Head Pandit of the Primary School on in-charge basis. In order to substantiate the case of the petitioner in this regard, the learned counsel for the petitioner also has drawn the attention of this court to the Certificate dated 28.11.2005 issued by the Dy. Inspector of Schools (DDO), Zonal Education Officer, Wangoi, Govt. of Manipur to the effect that the petitioner has been serving/working as in-charge Head Pandit/ Head Master of the Tarahei Konjil L.P. School (M) since then, i.e. 10.5.1995 till date. Such being the situation, the only prayer made in the present writ petition is that the petitioner is entitled to get of the pay and allowances attached to the post of Head Master/Head Pandit of the L.P. Schools by virtue of the earlier judgment and order of this court dated 19.12.2001 passed in W.P(C) No.1906 of 2001 which is still hold good. But in this regard, Mr. Th. Ibohal Singh, learned G.A. appearing for the respondents strenuously submits that there is no instructions from the respondents to the effect that the petitioner is still working as Head Master/Head Pandit of the L.P. School and he also further submits that the petitioner cannot produce any order of the competent authority that the term of the appointment of the petitioner as Head Master/Head Pandit of the Primary School on in-charge basis had been extended till date. 8. Taking into consideration of all the facts and circumstances and also on perusal of the case of the writ petitioner in the present writ petition and documents annexed thereto and also the earlier judgment and order of this court dated 19.12.2001 passed in W.P(C )No.1906 of 2001, the petitioner shall be entitled to get of the pay and allowances attached to the Head Master/Head Pandit of the Primary Schools of the Govt. of Manipur if the petitioner continues to serve as the Head Master/Head Pandit of the Primary School.
of Manipur if the petitioner continues to serve as the Head Master/Head Pandit of the Primary School. Since there is disputed question of fact as to whether the petitioner is still continuing to serve as Head Master/Head Pandit on in-charge basis, this court is of the considered view that an enquiry is required to be held to find out as to whether or not the petitioner is still continuing to serve as the Head Master/Head Pandit of the Primary School. Accordingly, the Commissioner/Secretary of Education(S), Govt. of Manipur is directed to hold an enquiry as to find out as to whether or not the petitioner is still really continuing to serve as the Head Master/ Head Pandit of the Primary School on in-charge basis. The whole exercise should be completed within a period of 4(four) months from the date of receipt of the certified copy of this judgment and order and in case the petitioner is found to have been serving as Head Master/Head Pandit of the Primary School on in-charge basis, the respondents shall pay of the pay and allowances attached to the post of Head Master/ Head Pandit of the L.P. School for the period he had served and shall continue to pay as such so long as the petitioner is serving. 9. With the above observations and directions, this writ petition is disposed of. No costs.[ 2006 DIGILAW 440 (GAU) · digilaw.ai ]