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2006 DIGILAW 633 (GAU)

Thokchom Pramo Devi v. State of Manipur and Ors.

2006-07-17

T.NANDA KUMAR SINGH

body2006
1. Heard Mr. M. Nicky, learned counsel appearing on behalf of the petitioner as well as Mr. A. Modhuchandra Singh, learned G.A. for the respondents 1 to 3. 2. Taking into consideration of the relief sought for in the present writ petition, this writ petition is taken up for disposal at this stage. 3. The factual panorama of the petitioner's case is that by an order dated 24.6.1991 issued by the Director of Education(S), Govt. of Manipur, the petitioner was appointed on regular basis as Primary Teacher and posted at Kakching Turel Wangma Primary School, a copy of her appointment is available at Annexure-A/2 to the present writ petition. 4. It is said that taking into consideration of the seniority of the petitioner as Primary Teacher she was allowed to look after the school administration of the Kakching Turel Wangma Primary School vide order dated 21.3.2005 issued by the Zonal Education Officer, Kakching, Govt. of Manipur. Thereafter by another order of the Director of Education(S), Govt. of Manipur dated 6.5.2005 petitioner being the seniormost Primary Teacher of the Kakching Turel Wangma Primary School was allowed to look after Mid-day- Meal, collection of admission fee and other administrative works, etc. of the school with immediate effect until further orders in public interest. The further case of the petitioner is that there is no subsequent order of the competent authority in supersession of the earlier order dated 6.5.2005 by which the petitioner had been allowed to look after Mid-day-Meal, collection of admission fee and other administrative works, etc. of the school, i.e. Kakching Turel Wangma Primary School, with immediate effect until further orders. Such being the situation, the case of the petitioner is that the petitioner is still carrying out the said works for the Kakching Turel Wangma Primary School under the said order of the Director of Education(S), Govt. of Manipur dated 6.5.2005. 5. It is said that surprisingly by an order of the Governor of Manipur dated 21.3.2006, one Smt. Sh. Memcha Devi, i/c Head Mistress, Langmeidong Jr. High School had been transferred and posted as i/c Head Mistress, Turen Wangmataba Jr. High School. Subsequently, by a corrigendum dated 24.3.2006, the school to which Smt. Sh. Memcha Devi was to be transferred and posted under the said order of the Govt. of Manipur dated 21.3.2006 had been corrected as 'Turel Wangma Primary School, Kakching'. 6. High School had been transferred and posted as i/c Head Mistress, Turen Wangmataba Jr. High School. Subsequently, by a corrigendum dated 24.3.2006, the school to which Smt. Sh. Memcha Devi was to be transferred and posted under the said order of the Govt. of Manipur dated 21.3.2006 had been corrected as 'Turel Wangma Primary School, Kakching'. 6. The petitioner filed a representation dated 20.6.2006 through her husband to the Commissioner, Education(S), Govt. of Manipur against the order of the Govt. of Manipur dated 21.3.2006 and corrigendum dated 24.3.2006. The learned Govt. Advocate appearing for the state respondents submits that the petitioner's husband cannot file the said representation dated 20.6.2006. In this regard, the learned counsel appearing for the petitioner submits that if that be so, the petitioner is filing a fresh representation to the Commissioner, Education(S), Govt. of Manipur against the said order of the Govt. of Manipur dated 21.3.2006 and corrigendum dated 24.3.2006 by giving sufficient reasons. The learned counsel appearing for the petitioner submits that since there is no order of the competent authority for superseding the earlier order of the Director of Education (S), Govt. of Manipur dated 6.5.2005 the petitioner is still continuing to serve as i/c Head Mistress. Further, the learned G.A. submits that the said order, i.e. the order dated 6.5.2005, was issued by the Director of Education(S), Govt. of Manipur without the approval of the Government. Be that as it may. This writ petition is disposed of by directing the petitioner to file a representation by giving sufficient reasons against the said order of the Director of Education(S), Govt. of Manipur dated 21.3.2006 and corrigendum dated 24.3.2006 within one week from to-day and in the event of filing the said representation in pursuance of the direction of this court, the respondent, i.e. the Commissioner of Education(S), Govt. of Manipur shall consider the same and dispose of by passing a reasoned order within two weeks from the date of receipt of the said representation. 7. Till the disposal of the representation, operation of the impugned order dated 21.3.2006 and corrigendum dated 24.3.2006 shall not be given effect to, in case the petitioner is still continuing as in-charge Head Mistress of the Kakching Turel Wangma Primary School as on to-day. 8. With the above observation and direction, this writ petition is disposed of.