JUDGMENT AND ORDER : 1 Heard Shri N. Surendrajit, the learned counsel appearing for the petitioner; Shri S. Rupachandra, the learned ASG appearing for the respondent No. 2 and Shri K. Jagat, the learned Government Advocate appearing for the State respondent. 2. By the instant writ petition, the petitioner has prayed for issuing a writ of Mandamus directing the respondents to fix the scale of FR/NFR pay of the petitioner in the Sr. Scale w.e.f. 01-01-1996 under the ROP Rules, 1999 as fixed and recorded already in the Service Book by the Administrative Department; to release the arrear thereof; to calculate the pension of the petitioner accordingly and release the arrear thereof with interest thereon. 3.1 According to the petitioner, he joined the service as Lecturer, Government Higher Secondary Schools in the Department of Education, Government of Manipur vide order dated 31-03-1970 issued by the Director of Education, Government of Manipur. Consequent upon the decision taken by the State Government and on the recommendation of the State Education Commission, the Government of Manipur issued a Notification dated 09-08-1991 revising the pay scale and other conditions of service of teachers in Government Schools. Under the said Revision of Pay 1991, the scale of pay for the post of Lecturer, Higher Secondary Schools was Rs. 1640-60-2600-EB-75-2900/-; the Senior Scale of pay was Rs. 2000-60-2300-EB-75-3200 after 15 years of service in the grade and the Selection Grade scale was Rs. 2375-75-3200-EB-100-3500/- after 12 years in the Senior Scale and the said revision of pay was to come into effect notionally from 01-01-1986. The said Notification dated 09-08-1991 was modified by another Notification dated 19-08-1991 and under the modified Notification, the Senior Scale of pay was Rs. 2000-60-2360-EB-75-3425/- after completion of 2 years probation period for those Lecturers who possess 2nd class Master Degree and after 15 years of service in the grade for other category of Lecturers. 3.2 The petitioner who is a 2nd Class PG Degree in Chemistry, ought to have been granted the Senior Scale of pay as per the Notification dated 19-08-1991 but the same was not granted to him. However, on the recommendation of a duly constituted DPC, the petitioner was promoted to the post of Vice-Principal, Higher Secondary Schools vide order dated 24-08-1996 issued by the Secretary (education), Government of Manipur. However, on the recommendation of a duly constituted DPC, the petitioner was promoted to the post of Vice-Principal, Higher Secondary Schools vide order dated 24-08-1996 issued by the Secretary (education), Government of Manipur. While the petitioner was serving as the Vice-Principal, the petitioner was allowed to enjoy the Senior Scale of pay of Rs. 2000-3500/- w.e.f. 01-01-1986 vide order dated 23-08-1999 issued by the Director of Education (S), Government of Manipur. In the meantime, the Government of Manipur had issued a Notification dated 10-03-1999 by which the Senior scale of pay for the Lecturer was revised to Rs. 8000-13500/-. Since the petitioner had already enjoyed the Senior Scale of pay under ROP 1991 vide order dated 23-08-1999, the Government of Manipur issued an order dated 07-03-2001 by which the petitioner was allowed to enjoy the scale of Rs. 8000-13500/- w.e.f. 01-01-1996. 3.3 On the recommendation of a DPC, the petitioner was further promoted to the post of Principal, Higher Secondary Schools on regular basis in the scale of pay of Rs. 10,000-325-15200/- vide order dated 28-02-2002 issued by the Commissioner (Edn./S), Government of Manipur and came to be posted as Joint Director (S&T) at the Directorate of Education (S), Government of Manipur vide addendum dated 28-04-2004. In the meantime, since the post of Principals/Vice Principals, Higher Secondary Schools assumes higher duties and responsibilities, the State Government had issued an order dated 25-04-2003 allowing the fixation of their pay under the provision of FR 22(1)(a)(1). But on 05-08-2004 the Office of the Accountant General issued a pay slip for the period from 01-04-2004 to 31-12-2004 re-fixing his substantive pay at Rs. 13,575/- with an endorsement for recovery of a sum of Rs. 42,759/- as over-payment of pay and allowances w.e.f. 07-09-1996 to 01-02-2004. Being aggrieved by the said alleged recovery and deduction, the petitioner approached the Hon’ble High Court by way of a writ petition being W.P. (C) No. 569 of 2004 and in the meanwhile, since the petitioner retired on attaining the age of superannuation, the Office of the Accountant General made a recovery for a total sum of Rs. 93,670/- on account of alleged excess drawl and therefore, the petitioner was compelled to file another writ petition being W.P. (C) No. 606 of 2006 which was disposed of on 09-09-2009 with a direction that the amount of Rs. 93,670/- on account of alleged excess drawl and therefore, the petitioner was compelled to file another writ petition being W.P. (C) No. 606 of 2006 which was disposed of on 09-09-2009 with a direction that the amount of Rs. 93,670/- deducted from the retiral benefits of the petitioner be refunded by the Treasury. 3.4 On attaining the age of superannuation, the petitioner retied on 31-01-2006 and the petitioner’s pay, as per the Service Book, had been correctly fixed for the period from 01-01-1996 to 31-01-2006 and accordingly, his pension was to be fixed and calculated at Rs. 7113/- w.e.f. 01-02-2006 as per the prevailing ROP, 1999. However, on the contrary, the petitioner’s pension had been fixed by the Office of the Accountant General at Rs. 6788/-, on an erroneous calculation, on the basis of which the Office of the Accountant General, Manipur ordered for recovery for a sum of Rs. 93,670/-. The petitioner made various representations for calculation of pension in terms of the scale of pay enjoyed and calculated in his Service Book. However, while complying with the order dated 09-09-2009 passed in W.P. (C) No. 606 of 2006, the Office of the Accountant General calculated the pay of the petitioner as on 01-01-1996 in the Senior Scale of pay at Rs. 8,000- 13,500/- and under the ROP, 1999 the Selection Grade is to be allowed after 12 years of service to be counted from 01-01-1996. Such stand had been taken by the Accountant General, Manipur vide its letter dated 08-10-2009 communicated to the Commissioner, Education (S), Government of Manipur. Being aggrieved by this, the instant writ petition has been filed by the petitioner. 4. As usual, no affidavit-in-opposition has been filed on behalf of the State Government and it appears that it has chosen not to contest the instant writ petition. However, an affidavit-in-opposition on behalf of the respondent No. 2, the Accountant General has been filed wherein it is stated that the pay scale prescribed under ROP, 1990 and the subsequent pay scale of ROP, 1999 are inter-related. On the introduction of ROP, 1999, the initial pay scale of Rs. 1640-2900/- prescribed for Lecturers, Higher Secondary Schools under ROP, 1990 was no longer in existence and the Senior Scale prescribed for the said lecturers under ROP, 1990 i.e., Rs. 2000-3500/- was revised at Rs. On the introduction of ROP, 1999, the initial pay scale of Rs. 1640-2900/- prescribed for Lecturers, Higher Secondary Schools under ROP, 1990 was no longer in existence and the Senior Scale prescribed for the said lecturers under ROP, 1990 i.e., Rs. 2000-3500/- was revised at Rs. 6500-10500/- as initial scale of ROP, 1999 and the Selection Grade Scale of the said lecturers under the ROP, 1990 i.e., Rs. 2200-4000/- was revised at Rs. 8000-13500/- as Senior Scale of ROP, 1999 which is to be allowed to be drawn after serving 12 years in the grade of Rs. 2000-3500/- under ROP, 1990 and/ or Rs. 6500-10500/- under ROP, 1999. The order dated 07-03-2001 by which the Lecturers were allowed to enjoy the Senior Scale of Rs. 8000-13500/- with effect from 01-01-1996, was superseded by the order dated 30-06-2003, in terms of which the Lecturers, Higher Secondary Schools including the petitioner, were allowed to draw the Selection Grade Scale of Rs. 2200-4000 (pre-revised) w.e.f. 01-01-1998 which correspond to the Senior Scale of Rs. 8000-13500/- prescribed under ROP, 1999 and this order dated 30-06-2003 came to be reviewed and cancelled ab-initio vide order dated 14-10-2009 issued by the Commissioner, Education(S). The stand of the respondent No. 2 was that a controversial point arose as to whether the Lecturers, Higher Secondary Schools be allowed to enjoy the Senior Scale under ROP, 1999 with effect from 01-01-1996 or 01-01-1998 for which a letter dated 08-10-2009 was addressed to the Commissioner, Education (S), Government of Manipur requesting it to confirm the validity of the order dated 07-03-2001 and the possible date from which the Senior Scale under ROP, 1999 be granted to the Lecturers, Higher Secondary Schools who joined service prior to 01-01-1984. 5. The undisputed facts which are borne out from the materials on record, are that the petitioner was appointed as Lecturer vide order dated 31-03-1970 issued by the Director of Education, Government of Manipur. After the petitioner having served more than twenty years, a Notification dated 09-08-1991 (hereafter referred to as the “ROP, 1991”) was issued revising the pay scale for the post of Lecturer, Higher Secondary Schools at Rs. 1640-60-2600-EB-75-2900/-; the Senior Scale at Rs. 2000-60-2300-EB-75-3200 after 15 years of service in the grade and the Selection Grade Scale at Rs. After the petitioner having served more than twenty years, a Notification dated 09-08-1991 (hereafter referred to as the “ROP, 1991”) was issued revising the pay scale for the post of Lecturer, Higher Secondary Schools at Rs. 1640-60-2600-EB-75-2900/-; the Senior Scale at Rs. 2000-60-2300-EB-75-3200 after 15 years of service in the grade and the Selection Grade Scale at Rs. 2375-75-3200-EB-100-3500/- after 12 years in the Senior Scale and the said revision of pay was to come into effect notionally from 01-01-1986 with minor changes, being made vide Notification dated 29-08-1991, to the effect that the Senior Scale be allowed after completion of 2 years probation period for those lecturer who possess 2nd Class Master Degree. In terms of the Notification dated 29-08-1991, the petitioner could have been granted Senior Scale but was not given for the reason best known to the concerned authority. On the recommendation of a DPC, the petitioner was promoted to the post of Vice-Principal vide order dated 24-08-1996 issued by the Secretary, Education. Another Notification dated 10-03-1999 (hereafter referred to as the “ROP, 1999”) came to be issued revising the pay scale and under ROP, 1999, the pay scale for the Lecturers, Higher Secondary Schools was revised from the existing Rs. 2000-3500/- to Rs. 6500-13500/- and Rs. 2200-4000/- to Rs. 8000-13500/- after 12 years of regular service in the grade. Only after the Notification dated 10-03-1999 having been issued, the Director of Education (S), Government of Manipur issued an order dated 23-08-1999 allowing the lecturers including the petitioner to enjoy Senior Scale under ROP, 1991 with effect from 01-01-1986. It may be noted that ROP, 1999 had, by then, come into existence and probably, for that reason, the Director of Education (S), Government of Manipur issued an order dated 07-03-2001 by which the lecturers including the petitioner were allowed to enjoy the pay scale of Rs. 8000-13500/- with effect from 01-01-1996. On the recommendation of a DPC, the petitioner was further promoted to the post of Principal vide order dated 28-02-2002 issued by the Commissioner (Edn./S), Government of Manipur and since the posts of Principal, Vice-Principal etc. assumes higher duties and responsibilities, the State Government issued an order dated 25-04-2003 allowing fixation of pay under the provisions of F.R. 22(1)(a)(1). On the recommendation of a DPC, the petitioner was further promoted to the post of Principal vide order dated 28-02-2002 issued by the Commissioner (Edn./S), Government of Manipur and since the posts of Principal, Vice-Principal etc. assumes higher duties and responsibilities, the State Government issued an order dated 25-04-2003 allowing fixation of pay under the provisions of F.R. 22(1)(a)(1). In super-session of its earlier order dated 07-03-2001, the Director of Education (S), Government of Manipur issued an order dated 30-06-2003 allowing the Lecturers including the petitioner to enjoy the scale of Rs. 2200-4000/- (pre-revised) with effect from 01-01-1998. The result thereof was that the Office of the Accountant General issued a pay slip dated 05-08-2004 of the petitioner for the period from 01-04-2004 to 31-12-2004 with an endorsement that over payment of pay & allowances w.e.f. 07-09-1996 to 01-02-2004 amounting to an amount of Rs. 42759/- be recovered in 14 instalments which came to be challenged by the petitioner by way of a writ petition being W.P. (C) No. 569 of 2004 and during the pendency of it, the petitioner retired on 31-01-2006 on attaining the age of superannuation. However, a sum of Rs. 93,670/- was deducted by the Treasury on the instruction given by the Office of the Accountant General from the retirement gratuity of the petitioner on the ground of overdrawn and the reason for deduction was that the scale fixed under F.R. 22(1)(a)(10 in terms of the order dated 25-04-2003 was without the concurrence of the Finance Department. This deduction was challenged by the petitioner before the Hon’ble Gauhati High Court in a writ petition being W.P. (C) No. 606 of 2006 which was disposed of on 09-09-2009 with the direction that the amount deducted from the retiral benefits of the petitioner be refunded within two months there from. The Office of the Accountant General addressed a letter dated 08-10-2009 to the Commissioner, Education (S) requesting it to inform the decision of the Government for the implementation of the court’s order. No reply thereto was given by the State Government but the State Government issued an order dated 14-10-2009 cancelling its earlier order dated 30-06-2003 as ab-initio with the direction that all the lecturers would continue to enjoy the scale prior to the issuance of the order dated 30-06-2003. No reply thereto was given by the State Government but the State Government issued an order dated 14-10-2009 cancelling its earlier order dated 30-06-2003 as ab-initio with the direction that all the lecturers would continue to enjoy the scale prior to the issuance of the order dated 30-06-2003. The Office of the Accountant General addressed another letter dated 02-12-2009 to the Commissioner, Education (S) requesting it to confirm the validity of the order dated 07-03-2001 and the possible date from which the Senior Scale under ROP, 1999 be granted to a Lecturer who joined service prior to 01-01-1984. On receipt of a notice in a Contempt Case No. 5 of 2010 on 27-01-2010, reminders were sent to the Commissioner, Education (S) but to no effect, as a result, the court’s order was duly complied with. But the stand of the Office of the Accountant General is that the controversial point has remained unsolved, as a result of which it is not in a position to re-calculate/revise the petition and other retiral benefits of the petitioner. 6. In the affidavit filed on behalf of the Accountant General, the respondent No. 2, it is nowhere stated that the petitioner is not entitled to Senior Scale under ROP, 1999 and all that it submitted is that it could not re-calculate/revise the petition and retiral benefits for want of a clarification from the State Government as regards the controversial points raised by it. The first point, raised by the Office of the Accountant General, appears to be as to whether Government order dated 07-03-2001 has been rendered valid after the order dated 30-06-2003 having been cancelled as ab-initio vide order dated 14-10-2009 issued by the Commissioner, Education (S), Government of Manipur. The second point is as to whether the Lecturers including the petitioner, be allowed to enjoy Senior Scale under ROP, 1999 either with effect from 01-01-1996 or from 01-01-1998. It will not be a difficult task for the State Government to take a decision thereon provided it has zeal to do it but it has behaved in such a way if it was not concerned at all. It will not be a difficult task for the State Government to take a decision thereon provided it has zeal to do it but it has behaved in such a way if it was not concerned at all. The State Government being an institution, is expected to act fairly and reasonably but it is unfortunate that the State Government has not given any reply to the letters addressed to it by the Office of the Accountant General nor has it bothered to file an affidavit making its stand clear to this court, as a result of which the petitioner has been denied his right to receive pension and pensionary benefits calculated in accordance with law and in particular, under ROP, 1999. In fact, it is an internal matter between the State Government and the Office of the Account General and the petitioner has nothing to do with it except enforcing his rights. The problem is created by themselves and it is for them to solve it and both of them are equally liable. If, according to the respondents, the petitioner is not entitled to the Senior Scale under ROP, 1999, they could have stated so in clear terms and in that event, the matter could have ended then and there but since they have failed to do so, their inaction has dragged the matter for more than six years depriving the petitioner of his right to receive pension calculated, for no fault of his, as per his pay & allowances fixed under ROP, 1999. 7 In view of the above, the instant writ petition is allowed with the following directions: (a) The Commissioner, Education (S), Government of Manipur shall give a reply to the letter dated 02-12-2009 of the Office of the Accountant General, Manipur explaining the points raised therein within a period of three weeks from today, i.e., by 10-08-2016; (b) On receipt of a reply as aforesaid (a), the Accountant General, Manipur shall calculate the pay & allowances; pension and pensionary benefits of the petitioner under ROP, 1999 within a period of one month there from, i.e., by 09-09-2016 and release the pension regularly thereafter; (c) The respondents shall pay to the petitioner his arrears towards pay & allowances; pension and pensionary benefits on or before 08-10-2016, failing which the arrears shall be paid with interest @ 9% per annum from 09-10-2016 till the date of payment. There shall be no order as to costs.