JUDGMENT AND ORDER : S. Serto, J. Heard Mr. H.S. Paonam, learned senior counsel appearing for the petitioners and also heard Mr. K. Jagat, learned Government Advocate appearing for the respondents. 2. There are two petitioners in this case. Since their grievances are similar, they have filed the petition jointly. From the writ petition and submission of the learned counsel for the petitioners, the case of the petitioners is as follows. 3. The petitioner No. 1, Mr. Thounaojam Manglem Singh petitioner No. 2, Mr. Rungkham Ngoruh, were initially appointed in the United College at Chandel as Lecturers vide order No. 1/3/UCC82 dated 30.03.1985 issued by the Vice-Chairman, Governing Body United College, Chandel and vide order No. 1/UCC-Appt/Vol. No. I/81 dated 01.09.1983 issued by the Chairman, United College, Chandel respectively before the College was taken over by the State Government. When the college was taken over by the State Government they were absorbed into Government service w.e.f. 01.06.1996 vide Government order No. 1/20/85-S/SE (Pt.) dated 5th November, 1996 issued by Education Department, Government of Manipur but subject to the condition that their final absorption into their respective Grades would be made in accordance with the recommendation of the Manipur Public Service Commission (MPSC) pertaining to the suitability of their appointment, service conditions and inter-se seniority in the concerned Grade. Absorption of the petitioners was also made subject to the following terms and conditions : (i) They should obtain M. Phil. Degree or an equivalent degree within 3 years; (ii) They will not be entitled to the subsequent increment of the pay unless they obtain the degree as mentioned at (i) above. The petitioners however, could not, obtain the M. Phil degree or an equivalent degree within the 3 (three) years’ time given in the Government order mentioned above. Therefore, as a follow up action to the above stated order, the Government of Manipur through the Memorandum No.1/20/85-S/SE(Pt.2)dated 9th December, 2003 called for written explanations from the petitioners to explain the reasons for failing to obtain the M. Phil degree or an equivalent degree within the time frame given, within 1 (one) month. The petitioners gave their explanations before the authorities as they were required to do so and they were allowed to continue in service. Realising the need for having the M. Phil. The petitioners gave their explanations before the authorities as they were required to do so and they were allowed to continue in service. Realising the need for having the M. Phil. Degree in their concerned subjects for enjoying the normal increment as per the order mentioned above, the petitioners obtained M. Phil. Degree from Vinayaka Missions University at Salem, Tamil Nadu on 10.07.2009. Soon after they have acquired their M. Phil. Degree, they submitted a representation each on 25th November, 2009 requesting for normal increment in their pay. Their representation was forwarded by the Principal of the United College to the Director of Education (University and Higher Education), Government of Manipur and the office of the Director recommended their case to the Commissioner (University and Higher Education), Government of Manipur. But in spite of the recommendation of the College Principal and office of the Director Education (University and Higher Education), the respondents have not allowed them to enjoy increment in their pay. This act of omission or commission amounts to violation of the terms and conditions given in the said Order and Memorandum issued by the Department of Education, Government of Manipur. Besides, the petitioners have been in Government service for the last more than 15 (fifteen) years and served so faithfully, therefore, non-increment of their pay by the respondents amounts to depriving them of their right to enjoy their entitlement in service. Therefore, having no alternative, they have approached this court for issuance of Writ of Mandamus or any other appropriate Writ or directions to the respondents to allow them (petitioners) to enjoy normal increment in their pay with effect from the date on which they were given M. Phil. Degree i.e. 10th July, 2009 as per the order dated 05.11.1996 and Memorandum dated 09.12.2003. 4. The only point of objection to the claim of the put forward by the learned counsel of the respondents is that since the petitioners did not complete their M. Phil. Degree during the stipulated time of 3 (three) years as given in the order No. 1/20/85-S/SE(Pt.) dated 05.11.1996 of the Education Department, Government of Manipur they cannot be given the benefit claimed by them. 5. Degree during the stipulated time of 3 (three) years as given in the order No. 1/20/85-S/SE(Pt.) dated 05.11.1996 of the Education Department, Government of Manipur they cannot be given the benefit claimed by them. 5. It appears from the pleadings of the petitioners that they were appointed in the year 1985 and 1983 (Petitioner No. 1 in 1985 and the petitioner No 2 in 1983) when the United College (the College in which they have been serving) was still an Aided College and they were absorbed to the Government College service when the College was taken over by the Government in 1996. Therefore, the petitioner No. 1 has served in the College for the last 21 years and the petitioner No. 2, 23 years. One can imagine the frustration that the petitioners have been through all these years without any normal increment in their pay for such a long period of time. 6. For proper appreciation of the case, one needs to read and determine the intent and effect of the order No. 1/20/85-S/SE (Pt.) dated 5th November, 1996 and the Memorandum No. 1/20/85S/SE (Pt. 2) dated 9th December, 2003 issued by the Government of Manipur, Education Department. The said order and Memorandum are reproduced herein below : “GOVERNMENT OF MANIPUR SECRETARIAT : EDUCATION DEPARTMENT ----- ORDERS BY THE GOVERNOR: MANIPUR Imphal, the 5th November, 1996 No. 1/20/85-S/SE (Pt.) : In pursuance of the taking over of United College, Chandel (Aided College) vide Government Order No. 1/20/85-S/SE (Pt) dated 26-7-1996, the Governor of Manipur, is pleased to appoint the following employees of the former aided United College, Chandel into Govt. Service w.e.f. 1-6-96 subject to the condition that their final absorption into respective grades of the concerned Government posts would be made in accordance with the recommendations of the M.P.S.C. pertaining to the suitability of their appoints, service conditions and inter-se-seniority in the concerned grade. The name of the post and scale of pay to which each individual is appointed as mentioned against each name in the table below. The post have been created Vide Govt. Order No. 1/20/85-S/SE(Pt) dated 26-7-96. TEACHING STAFF : Sl. No. Name of the Employee Name of the post Scale of Pay Date of initial appointment 1. 2. 3. . . . 14. Ng. Ruwngkham Monsang Lecturer in Economics Rs. 2200-4000/- p.m. 1-9-83 15. . . . 21. Th. Manglem Lecturer in English Rs. The post have been created Vide Govt. Order No. 1/20/85-S/SE(Pt) dated 26-7-96. TEACHING STAFF : Sl. No. Name of the Employee Name of the post Scale of Pay Date of initial appointment 1. 2. 3. . . . 14. Ng. Ruwngkham Monsang Lecturer in Economics Rs. 2200-4000/- p.m. 1-9-83 15. . . . 21. Th. Manglem Lecturer in English Rs. 2200-4000/- p.m. 1-4-85 22. . . 63. NON-TEACHING STAFF : 1. . . . 25. 2. As for Sl. No. 2, 10, 14, 15, 17, 19, 20, 21, 24, 25 & 27 in the teaching staff - S/Shri R.D. Thungam Anal, M. Sunikumar Singh, Ng. Ruwngkham Monsang, HB. Ruwngnem Anal, Y. Gojendra Singh, Ng. Roland Monsan, Joseph Thangsei, Th. Manglem Singh, Ch. Memi Devi, T. Chandrakala Devi and Y. Ibosana Singh, their appointment/absorption as Lecturers are subject to the following terms and conditions :- (i) They should obtain M. Phil degree or an equivalent degree within 3 years; (ii) They will not be entitled to the subsequent increment of the pay unless they obtain the degree as mentioned at (i) above. 3. Regarding Principal of the College, Shri Th. Oliver, Principal of the College (Sl. No. 1) may be absorbed as in-charge Principal but he may be given the status of the Lecturer only. 4. Further, the Governor of Manipur is pleased to order to the protection of the past service and the pay protection with notional effect including pension and gratuity benefit for 63 lecturers including Principal and 25 non-teaching staff of the United College, Chandel as experience or service required for promotion or direct recruitment as the case may be from the dates noted against each of them in column no. 5. BY orders and in the name of the Governor, Sd/- (M.A. Sattar) Secretary (Hr. Edn.) to the Govt. Of Manipur. Memo No. 1/20/85-S/SE (Pt) Imphal, the 5th Nov. 1996 Copy to : 1. The Secretary, to the Governor, Raj Bhawan, Imphal. 2. The Secretary to the Chief Minister, Manipur. 3. The P.Ss. to the Hon’ble Minister (Hr. Edu.), Manipur. 4. The Accountant General, Manipur. 5. The Secretary (Finance), Government of Manipur. 6. The Special Secretary (Cabinet), Government of Manipur. 7. The Secretary (Law), Government of Manipur. 8. The Deputy Commissioner, Chandel. 9. The Treasury Officer, Chandel. 10. The Director of Education (U), Manipur for necessary action. 11. The Director, Printing and Stationery, Govt. Edu.), Manipur. 4. The Accountant General, Manipur. 5. The Secretary (Finance), Government of Manipur. 6. The Special Secretary (Cabinet), Government of Manipur. 7. The Secretary (Law), Government of Manipur. 8. The Deputy Commissioner, Chandel. 9. The Treasury Officer, Chandel. 10. The Director of Education (U), Manipur for necessary action. 11. The Director, Printing and Stationery, Govt. Of Manipur for publication in the Gazette of Manipur. A copy of the publication may be sent to the undersigned. 12. The Chairman, Governing Body, United College, Chandel. 13. The Secretary/Principal, United College, Chandel. 14. Persons concerned. 15. The Guard File/Order Book. Sd/- (P. Magha Singh) Under Secretary (Hr. Edn.) to the Government of Manipur GOVERNMENT OF MANIPUR SECRETARIAT : HIGHER EDUCATION DEPARTMENT (COLLEGE SECTION) MEMORANDUM Imphal, the 9th Dec. 2003 No. 1/20/85-S/SE (Pt. 2) As per the Government orders Nos. 1/20/85-S/SE (Pt.) dated 5th November, 1996 and No. 1/20/85-S/SE (Pt. 1) dated 6th June, 1996, the following Lecturers of United College (Chandel) and Tamenglong College (Tamenglong), among others, were appointed subject to the condition that they should obtain M. Phil or an equivalent degree within 3 (three) years and they will not be entitled subsequent increment of pay until they obtain the above mentioned degree. United College, Chandel Sl. No. Name Subject 1. Shri L. Haokholet History 2. Shri M.Sushilkumar Singh Education 3. Shri Rungkham Ngoruh Economic 4. Shri Ng. Roland Mongsang English 5. Shri Th .Manglem Singh English 6. Smt. Ch. Mema Devi Manipuri Tamenglong College, Tamenglong 1. Smt. Heln Panmei English 2. Shri Naorem Ibochou Manipuri According to the records available with the Government, the abovementioned Lecturers have not so far obtained M. Phil or an equivalent degree. In other words, they have not fulfilled the RRs for the post of Lecturer in Govt. Colleges. Therefore, they are not entitled to subsequent increment of pay as per the relevant Government orders referred to in para 1 above. The Lecturers concerned are hereby instructed to explain the reasons for failing to obtain M. Phil or an equivalent Degree as required by the Government orders referred to in para 1 above and to confirm as to whether they have drawn increment of pay in violation of the said orders. The explanation/confirmation in writing should be furnished within 1 (one) month. Sd/- (P. Sharat Chandra) Commissioner (Hr. Edu.) Government of Manipur Copy to : 1. The Accountant General, Manipur. 2. The explanation/confirmation in writing should be furnished within 1 (one) month. Sd/- (P. Sharat Chandra) Commissioner (Hr. Edu.) Government of Manipur Copy to : 1. The Accountant General, Manipur. 2. The Director of University and Higher Education, Manipur - For necessary action. 3. The Principals of Colleges concerned of circulation of this Memorandum to the persons concerned. 4. The persons concerned.” 7. On perusal of the order and the Memorandum given above, it is clear that the lecturers (including the petitioners) of the then Aided College, that is, United College were appointed in the Government service w.e.f. 01.06.1996 by virtue of having been in the service of the United College but their appointment/absorption and increment in their pay were made subject to the terms and conditions that : (i) They should obtain M. Phil. Degree or an equivalent degree within 3 years; and (ii) They will not be entitled to the subsequent increment of the pay unless they obtain the degree as mentioned at (i) above. 8. The intention of the Education Department as can be from the above stated order and memorandum is that the lecturers including the petitioners who were absorbed should obtain M. Phil. Degree within 3(three) years for confirmation of their absorption/ appointment in the service and entitlement to increment in their pay. But, no mention is made in the order and the memorandum that the petitioners can not obtain M. Phil. Degree beyond the 3 (three) years and even if they do so, their absorption/appointment to the service will not be confirmed and will not be entitled to normal increment in their pay. 9. Admittedly, the petitioners, did not acquire M. Phil. Degree or an equivalent degree within the stipulated time of 3 years. However, they have been allowed to continue in service even after they were called for an explanation through the above given Memorandum No. 1/20/85-S/SE (Pt. 2) dated 9th December, 2003 and till today they are still in service. What explanation was given by the petitioners is not disclosed either by the petitioners or by the respondents. It is, however, understood that the respondents were satisfied with the explanation of the petitioners, therefore, they have been allowed to continue in their service. Since the respondents have allowed the petitioners to continue in their service and allowed them to acquire M. Phil. It is, however, understood that the respondents were satisfied with the explanation of the petitioners, therefore, they have been allowed to continue in their service. Since the respondents have allowed the petitioners to continue in their service and allowed them to acquire M. Phil. degree beyond the stipulated time frame given in the order No. 1/20/85-S/SE (Pt.) dated 5th November, 1996 and the Memorandum No. 1/20/85-S/SE (Pt. 2) dated 9th December, 2003 their argument/objection that since the petitioners did not acquire M. Phil. Degree within the timeframe given, they are not entitled to increment in their pay does not sound reasonable and fair. When they (the respondents) had allowed the petitioners to continue in service in spite of the terms and conditions set by them they have more than acquiesced to the continuance of the petitioners in their service and to their act of acquiring their M. Phil. degree at the time they did. Therefore, the respondents can not now turn around and deny confirmation of the appointment/absorption of the petitioners in service and the benefit of increment in their pay as given in the order No. 1/20/85-S/SE (Pt.) dated 5th November, 1996. In other words, the respondents can not deny the petitioners their rightful entitlement or the fruit of their labour in view of the order dated 5th November, 1996 and their subsequent conduct in allowing the petitioners to continue in service and allowing them to acquire M. Phil. Degree. 10. It may also be mentioned here that it is not easy for one to get admission in M. Phil. in today’s highly competitive world. Admission to such degree may not be possible as and when it is desired. For persons in service like the petitioners it is even more difficult because they first have to get study leave which is again dependent upon availability of sufficient number of lecturers on the subject. Before the petitioners are granted study leave, it has to be ensured that there is/are other lecturers to take their place during the study period. For a new college like the college of the petitioners, it is most likely that sufficient number of lecturers in the department the petitioners belonged to were not available. Only when one gets study leave they can look for admission which is not easy as stated. In fact, the whole process is time consuming. For a new college like the college of the petitioners, it is most likely that sufficient number of lecturers in the department the petitioners belonged to were not available. Only when one gets study leave they can look for admission which is not easy as stated. In fact, the whole process is time consuming. So, it is, easier said than done kind of a situation when one is required to acquire M. Phil. Degree or an equivalent degree in a limited period of 3 years. 11. Lecturers in Government Colleges are normally encouraged to acquire more knowledge through higher studies and for that incentive is given by way of increment in their pay. Therefore, it will not only be unfair but also unreasonable on the part of the respondents to deny such benefit to the petitioners after they have acquired such higher degree for which incentive like increment in pay is promised in the Order dated 5th November, 1996 itself. 12. In view of what has been stated above, this writ petition is allowed. The respondents are directed to issue necessary orders so that the petitioners may enjoy increment in their pay from the day they obtained M. Phil. Degree i.e. 10.07.2009. No order as to costs.