Research › Search › Judgment

Manipur High Court · body

2019 DIGILAW 20 (MAN)

All Manipur Retired Lower v. State of Manipur

2019-04-05

RAMALINGAM SUDHAKAR

body2019
JUDGMENT [1] Heard Mr. L. Raju, learned counsel appearing for the petitioners, Mr. S. Nepolean, learned G.A. appearing for the State and Ms. Kramasori, learned counsel appearing for the Accountant General, Manipur. [2] Prayer in the writ petition reads as follows : "To direct the respondents to release the arrear pension of the petitioner w.e.f. May 2005 to December, 2006 within a short stipulated period." [3] Petitioners are retired Head Pandits/Head Masters of L.P. Schools. An impugned order dated 21.04.2005 was issued by the Commissioner (Finance) for stopping monthly pension payment of the retired teachers and the same was stopped w.e.f. May, 2005. The said impugned messaged was stayed by the HON'BLE High Court by an order dated 5.9.2005 in W.P.(C) No. 846 of 2005 and other order passed in analogous cases (Annexures - A/4 A/5). [4] Again the Commissioner (Finance) issued an impugned order dated 8th March, 2006 for recovery of excess payment made to the retired teachers (Annexure - A/6). The said impugned letter dated 8th March, 2006 was again stayed or in other words the HON'BLE High Court directed the respondents not to recover any amount from the petitioners pension without the permission of the Court in its order dated 21.07.2006 passed in W.P.(C) No. 598 of 2006 and other analogous cases. [5] The petitioner filed Contempt case No. 157, 158 159 of 2006 before the HON'BLE High Court for non compliance of the HON'BLE Court's order. During the pendency of the contempt cases, the respondents issued an order dated 20th January, 2007 for releasing the pension/family pension w.e.f. January, 2007. [6] The petitioner filed the present writ petition contending that the petitioners pension are to paid w.e.f. May, 2005 instead of January 2007 as the impugned message dated 21.04.2005 for stopping the pension was already stayed by the HON'BLE High Court. Writ petition was filed on the following grounds : (a) The impugned office letter dated 21.04.2005 for withholding monthly pension is not in operation, as the HON'BLE High Court in W.P.(C) No. 846 of 2005 and other analogous cases stayed the same. (b) There is no valid order or direction to withhold the pension of the petitioner w.e.f. May, 2005 to December, 2006. (c) Recovery of the arrear pension already drawn by the petitioner cannot be recovered by the respondents. (b) There is no valid order or direction to withhold the pension of the petitioner w.e.f. May, 2005 to December, 2006. (c) Recovery of the arrear pension already drawn by the petitioner cannot be recovered by the respondents. The same was also discussed and passed orders by the HON'BLE High Court and HON'BLE Supreme Court in many similar cases. Annexures - A/9 A/10 are the true copies of the HON'BLE High Court's orders dated 21.09.2004 and 18.08.2005 passed in W.A. No. 57 of 1997 and W.P.(C) No. 347 of 2004. (d) During the pendency of the contempt petition, many members of the petitioners association also expired without getting their entitled monthly pension i.e. w.e.f. May, 2005 to December, 2006. (e) The petitioners are aged and retired employees who are at the end of their life. (f) The respondents had violated Article 14 16 of the Constitution of India. Hence, the present writ petition has been filed. [7] Before this writ petition was filed, the following order dated 08.03.2006 was passed : "No. 17/13/2005-FD(PIC)(Pt) GOVERNMENT OF MANIPUR SECRETARIAT : FINANCE DEPARTMENT Imphal the 8th March, 2006 To The Accountant General, Manipur, Imphal Subject : Orders passed by the HON'BLE High Court in W.P.(C) No. 1167/05, W.P.(C) No. 846 of 2005, W.P.(C) No. 850 of 2005 and similar cases - release of pensions to retired teachers. Sir, Please refer to my letter of 17/9/205 on the above subject requesting you to release pensions in respect of retired teacher's as per the orders of the HON'BLE High Court Gauhati. Please also recall the proceedings of the two meetings held subsequently by us on 9.12.2005 and 20.01.206 to finalise the modality of release of pensions of retired teachers. It is understood that release orders for pensions are not yet passed from you side in the absence of confirmation from the Department of Education (S) about the names of the teachers in whose case higher scales had been granted irregularly. Confirmation from the Department of Education regarding the existence or otherwise of the posts of Head Masters in L.P. Schools at the time of retirement of such teachers had also been sought. Department of Education (S) have now confirmed vide their letter No. 4/u8/2005-SE(S) dated 25.03.206 (copy enclosed) that no such posts exist. This was also the position stated by the Department in our meeting held on 12.10.2004 (copy enclosed). Department of Education (S) have now confirmed vide their letter No. 4/u8/2005-SE(S) dated 25.03.206 (copy enclosed) that no such posts exist. This was also the position stated by the Department in our meeting held on 12.10.2004 (copy enclosed). The position is further clearly reflected in the order passed by the Education (S) Department in their order vide No. 1/11/05-SE(S) dated 28.05.2005. In view of this the retired teachers are not eligible for pensions on the basis of higher scales. It is clear that the benefit of higher scale was granted to them by the Govt. in compliance with the orders of the Court of otherwise only for the period of their tenure as i/c. Headmaster/Head Pandit. The pensions of the retired teachers may, therefore, be immediately released in compliance with the order of the HON'BLE High Court, Gauahti with reference to the substantive posts of teachers. This will apply to al cases including those retired to in Para No. 2 of this office letter of even number dated 17th September, 2005 unless specific orders were passed either by the Court or the Govt. to grant pensions with reference to higher scales. "Recovery of the excess payment made to the retired teaches in form of higher pensions may also be made as per rules and suitable order may be passed accordingly at the time of release of pensions." It will be appreciated if the pensions are released in accordance with the above urgently in order to comply with the orders of the HON'BLECourt passed in the above cases as well as similar cases. Yours faithfully, Sd/- (RR Rashmi) Commissioner (Finance) Government of Manipur" [8] Subsequently, another order dated 09.11.2009 has been passed by the Principal Secretary (Finance), Government of Manipur which reads as follows : "11. AND WHEREAS as per list of members of the petitioners association furnished vide their letters number nil, dated 16.05.2009 and 16.09.209 the office of the Accountant General (A E), Manipur had furnished the said required statements vide their letters No. Pen/1-41/Court/2008, dated 28.07.2009 and 6.10.2009. 12. AND WHEREAS the All Manipur Retired LP/JB/Primary Head Pandit/Head Master Association, Damawsari Primary School, Imphal East [Regd. No. 198/M/SR-2006] was directed to submit within 10 (ten) days of the receipt of this Government's Memorandum of even number, dated 8.10.2009 a written statement as to why the fraudulent drawal of arrear pension, family pension, gratuity, commutation of pension etc. 12. AND WHEREAS the All Manipur Retired LP/JB/Primary Head Pandit/Head Master Association, Damawsari Primary School, Imphal East [Regd. No. 198/M/SR-2006] was directed to submit within 10 (ten) days of the receipt of this Government's Memorandum of even number, dated 8.10.2009 a written statement as to why the fraudulent drawal of arrear pension, family pension, gratuity, commutation of pension etc. should not be recovered in installments at the rate not exceeding one third of the pension which also shall not be reduced below the minimum amount of pension till the full recovery of the excess amount of drawn irregularly; 13. AND WHEREAS the All Manipur Retired LP/JB/Primary Head Pandit/Head Master Association, Damaswari Primary School, Imphal East [Regd. No. 198/M/SR-2006] submitted the written reply vide their letter number nil, dated 12.10.2009 stating that the Association has no objection to the proposed recovery of excess amount from the monthly pension/family pension and to release the arrear pension/family pension from April, 2005; 14. NOW, THEREFORE, the Governor of Manipur is pleased to order that the Accountant General (A E), Manipur shall issue revised Pension Payment Orders (PPOs) on the basis of the substantive pay of the retired/deceased Teachers of L.P. Schools w.e.f. April, 2005 and to release to the members of the petitioners association the arrear pension/family pension by short payment of pension or family pension, as the case may be, in installments at the rate not exceeding one-third of the pension which also shall not be reduced below the minimum amount of pension from April, 2005 to December 2006 and from the date of issue of this order till the full recovery of the excess amount drawn irregularly." The order dated 08.03.2006 was upheld by the Division Bench of this Court in W.A. No. 3 of 2006 dated 27.07.2018. By subsequent event, the order dated 09.11.2009 was passed. Hence, the petitioner has to work out their remedy on subsequent events. [9] In this view of the matter, petitioners are given liberty to work out their remedy by way of representation to the authority concerned within a period of 4(four) weeks from the date of receipt of a copy of this order and the authority shall duly consider and dispose of the same on its own merits preferably within a period of 6 - 8 weeks thereafter. [10] Writ petition is disposed of as above.