Research › Search › Judgment

Gauhati High Court · body

2006 DIGILAW 829 (GAU)

Akoijam Ibomcha Singh v. Secretary, Sangeet Natak Academi and Ors.

2006-09-01

T.NANDA KUMAR SINGH

body2006
Heard Mr.Iswarlal, learned counsel for the petitioner as well as Mr.S.Rupachandra, learned counsel for respondent nos.1 to 4. [2] As agreed to by both the parties, this writ petition is taken up for final disposal at this stage inasmuch as the respondents had already filed their Affidavit-in-opposition. This writ petition is taken up considering the nature of the Misc Application being No.205 of 2006 filed by the respondents for vacating the interim order dated 12.6.2006 passed in the present writ petition. [3] The factual matrix of the petitioner's case is that the petitioner had completed the Post Graduate Diploma/Training from the Jawahar Lal Nehru Manipur Dance Academy (JNMDA) Imphal during the year, 1982-84 and it is said that he stood first in the said Examination in Sankirtan (Pung). The petitioner also participated in the 9th Asian Games Delhi and in many other festivals in the USSR in 1987-87 as an artist of Pung Cholom. Copies of the certificates issued in favour of the petitioner as an artist of Pung had been annexed as Annexures-A/5, A/6, A/7 and A/8 and A/9 respectively in the present writ petition. [4] A special DPC was held in the first week of July, 2005 for appointment to the post of Visiting Guru, Pung in the JNMDA, Imphal in which the petitioner also appeared. Later on the petitioner was appointed as Assistant Visiting Guru, Pung in the JNMDA with a consolidated pay/fee of Rs.2500/- (Rupees two thousand five hudered) only per month w.e.f. 13.7.2005 until return of Shri M.Bokul, Visiting Guru (Pung) from leave. Admittedly, Shri M.Bokul, Visiting Guru (Pung) expired on 29.11.2005 and such being the situation, it is the case of the petitioner that his engagement as Assistant Visiting Guru (Pung) in JNMDA should be allowed to continue till the regular appointment as Visiting Guru (Pung) since Shri M.Bokul, died on 29.11.2005. [5] Further case of the petitioner is that while retaining the Visiting Gurus who are junior to the petitioner, the respondent under letter dated 7.6.2006 informed the petitioner not to take classes. Such 3 being the situation, it is the case of the petitioner that the respondents had adopted pick and chose method while discontinuing service of the petitioner as Asstt.Visiting Guru (Pung) on contract basis. Such 3 being the situation, it is the case of the petitioner that the respondents had adopted pick and chose method while discontinuing service of the petitioner as Asstt.Visiting Guru (Pung) on contract basis. [6] The respondents also filed their Affidavit-in-opposition stating that because of the financial constraints and also further direction of the higher authority, engagement of the petitioner as Asstt.Visiting Guru (Pung) had been discontinued. In the Affidavit-in-opposition the respondents also stated that no visiting Gurus junior to the petitioner has been allowed to continue. As such, according to the respondents there is no question of adopting pick and chose while discontinuing the engagement of the petitioner as Visiting Guru (Pung). The respondents also further took the plea in their Affidavit-in-opposition that the age limit of Visiting Gurus should be above 50 years. [7] The petitioner also filed their addl. affidavit stating that there is no such minimum age limit for appointment as Visiting Gurus in the JNMDA inasmuch as in the case of the present Pradhan Guru, Smt Thouranisabi Devi, who were appointed as Visiting Guru in the year, 1979. In the year, 1975 the present Pradhan Guru Smt.Thouranisabi Devi was not even completed 50 years of age and in the addl. Affidavit it is also stated that there was an advertisement inviting candidates for appointment to the post of visiting Guru in the JNMDA. Copy of the said advertisement is available at Annexure-X/1 in the C.M.A No.205 of 2006. From bare perusal of the said advertisement for appointing different Gurus, it is clear that the age limit of for the candidates for direct recruitment should not be more than 45 years. Mr.Iswarlal, learned counsel for the petitioner by referring to the said advertisement submits that the maximum age limit of the Visiting Gurus on contract recruitment will not be more than 45 years. Such being the situation, case of the respondents that the minimum age limit for the Visiting Gurus is 50 years is not sustainable. He further reiterated that even in the case of the present Pradhan Guru, Smt Thouranisabi Devi, she was appointed as Visiting Guru in the year 1979 when she was not even aged 50 years. In this regard, except some notes, respondents could not produce any service Rules or notification to the effect that minimum age limit of the Visiting Guru would be 50 years. In this regard, except some notes, respondents could not produce any service Rules or notification to the effect that minimum age limit of the Visiting Guru would be 50 years. 4 [8] Mr.Rupachandra, learned counsel for the respondents submits that since the petitioner was engaged only as an Asstt.Visiting Guru for a limited period, on the expiry of the term for which he will not be allowed to continue as a Visiting Guru. This court is of the considered view that submission made by Mr.Rupachandra, learned counsel for the respondents in this regard has the force of law. [9] It is also equally well settled that even for the discontinuance of contract employee the employer should follow the principle of last come first go. Mr.Rupachandra, learned counsel for the respondents also fairly submitted that the respondents will follow the principle of 'last come first go', even in the removal of the contract employees. He also further submits that at present there is no contract employee in the Academy who is junior to the present petitioner. [10] For the reasons discussed above, petitioner failed to make out case for allowing him to continue as Asstt.Visiting Guru inasmuch as no visiting Guru, junior to him is, at present retained in the Academy. However, petitioner may appear before any Selection Committee/DPC for appointment to the post of Visiting Guru/Asstt.Visiting Guru (Pung) in the JNMDA in the event of engaging any new visiting Guru or Asstt.Visiting Guru. Writ petition is, accordingly, disposed of. Interim order, if any shall stand vacated.