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2006 DIGILAW 559 (GAU)

State of Manipur and Anr. v. Hanghal Vialzakham

2006-06-09

T.NANDA KUMAR SINGH

body2006
The applicants by filing this review petition are seeking relief for reviewing the judgment and order of this court dated19.12.2005 passed in W.P(C) No.229 of 2005 wherein and whereunder this court had directed the respondents to count the ad hoc services of the writ petitioner as Sub-Deputy Collector w.e.f. 19.1.2001 till 28.2.2005 for the purpose of pensionary and retirement benefits only and not for other purposes. 2. The applicants/writ petitioner had drawn the attention of this court to the order of the Deputy Commissioner, Churachandpur being No.DC (CCP)/ Estt/87-41 dated 26th July, 2001 to the effect that in view of the non-extension of the ad hoc services of the respondent/writ petitioner as SDC and nonavailability of any further direction from the Govt, writ petitioner shall draw his pay and allowances as per the scale prior to his adhoc promotion as SDC until further orders. By referring to the said order of the Dy. Commissioner, Churachandpur dated 26th July, 2001, the learned counsel appearing for the applicants/respondents in the writ petition strenuously submits that the respondent/writ petitioner was not getting the salaries of the SDC inasmuch as he was allowed to enjoy the scale prior to his ad hoc appointment, i.e. the scale of pay of UDC. 3. From perusal of the judgment and order dated 19.12.2005 passed in WP(C )No.229 of 2005, it is clear that this court does not make any observation and direction to the effect that the respondent/writ petitioner should be allowed to enjoy the pay scale of the SDC for the period from 19th January,2001 to 27th February, 2005. 4. In the present review petition, the petitioner/respondent in the writ petition is not mentioning that the petitioner/respondent has not served as SDC during the period from July, 2001 to 27th February, 2005. As stated above, this court while passing the order dated 19.12.2005 in W.P(C )No.229 of 2005 directing the respondents to count the ad hoc services of the respondent/writ petitioner as SDC w.e.f.19.1.2001 till 28.2.2005 for the purpose of pensionary and retirement benefits only and not for other purpose. This court, however, clarifies that the above order dated 19.12.2005 passed in W.P(C) No.229 of 2005 is not directing the respondents to pay the pay and allowances of the writ petitioner/respondent at the scale of SDC during the period from July,2001 to 27th February, 2005. 5. This court, however, clarifies that the above order dated 19.12.2005 passed in W.P(C) No.229 of 2005 is not directing the respondents to pay the pay and allowances of the writ petitioner/respondent at the scale of SDC during the period from July,2001 to 27th February, 2005. 5. With the above clarifications, this review petition is disposed of accordingly.