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2006 DIGILAW 815 (GAU)

Khuraijam Binod Singh v. State of Manipur and Ors.

2006-08-30

T.NANDA KUMAR SINGH

body2006
1. Heard Mr. Kh. Manihar Singh, learned counsel for the petitioner as well as Mr. A. Modhuchandra Singh, learned G.A. appearing on behalf of the respondents. 2. Taking into consideration of the innocuous prayer made in this writ petition, this writ petition is disposed of at this stage. 3. By this writ petition the petitioner is only asking for the direction to the respondents to grant two successive financial upgradation, i.e. firstly w.e.f. 16.9.93 and secondly w.e.f. 19.9.2005 in the higher scale of pay of Rs.5000-150-8000 and Rs.5500-175-9000 respectively under the Assured Career Progression (ACP) scheme for the employees of the Government of Manipur under office memorandum dated 20.7.2005 (Annexure-A/4 to the present writ petition). The petitioner entered the service as Sub-Inspector (Enforcement) on regular basis in the Directorate of Transport, Govt. of Manipur in the year 1981 under an order of the Director of Transport, Govt. of Manipur being No.3/32/APT dated 26th September, 1981, a copy of which is available at Annexure-A/1 to the present writ petition. 4. The further case of the petitioner is that since the date of initial entry in the service of the Government of Manipur as Sub-Inspector (Enforcement) the petitioner is continuing to serve at the entry level till date. The learned counsel appearing for the petitioner, further, submits that there is no promotional avenue for the post of Sub-Inspector (Enforcement) in the Directorate of Transport, Govt. of Manipur. Such being the situation, there is a stagnant in the service of the petitioner inasmuch as the petitioner is continuing as Sub-Inspector (Enforcement) which is the very entry point in the service of the Government of Manipur. In order to mitigate such hardship suffered by the employees of the Government of Manipur who have no promotional avenue, the Government of Manipur has taken a policy decision to introduce an incentive scheme called 'Assured Career Progression' for the employees of the Government of Manipur under office memorandum dated 20th July, 2005. According to the said office memorandum dated 20.7.2005, the employees in group 'C' and 'D' categories on completion of 12 years and 24 years of service should be allowed to enjoy two financial upgradations, viz. firstly upgradation after completion of 12 years and secondly upgradation after completion of 24 years respectively. According to the said office memorandum dated 20.7.2005, the employees in group 'C' and 'D' categories on completion of 12 years and 24 years of service should be allowed to enjoy two financial upgradations, viz. firstly upgradation after completion of 12 years and secondly upgradation after completion of 24 years respectively. In the present case, the petitioner is entitled to enjoy two financial upgradations under the said office memorandum dated 20.7.2005 inasmuch as the petitioner had already completed more than 24 years on regular service as Sub-Inspector (Enforcement) in the Motor Vehicle Department. 5. At the time of hearing of the present writ petition, the learned G.A. appearing for the respondents also fairly submits that his office has already received the para-wise comments from the competent authority. The learned G.A. also has placed the said para-wise comments before this court for perusal. In the para-wise comments of the competent authority, it is clearly mentioned that action has already been taken up for granting the benefits under the Assured Career Progression scheme not only for the petitioner but also for others who are eligible under the said Assured Career Progression scheme. From the perusal of the para-wise comments, this court is of the considered view that the Government has already taken steps for granting two financial benefits to the petitioner under the said Assured Career Progression scheme. 6. Having regards to the facts and circumstances mentioned above as well as the forceful submissions of the learned counsel for the petitioner, this court is of the considered view that this writ petition could be disposed of with a simple direction. This writ petition is disposed of by directing the respondents to give two financial benefits to the petitioner under the said 'Assured Career Progression' scheme introduced for the employees of the State Government of Manipur, i.e. under office memorandum dated 20.7.2005, if the petitioner is eligible under the said 'Assured Career Progression' scheme as expeditiously as possible, but not later than 3(three) months from the date of receipt of the certified copy of this judgment and order. Petitioner is further directed to approach the competent authority with the certified copy of this judgment and order of this court for necessary compliance. The writ petition is disposed of.