Research › Search › Judgment

Manipur High Court · body

2019 DIGILAW 22 (MAN)

K. Arei 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 W.P. (C) No. 716 of 2009 reads as follows: "to issue a Rule calling upon the respondents to show cause as to why a writ in the nature of certiorari or any other order or direction or any other appropriate writ should not be issued as prayed for. AND To quash the impugned office order dated 9.11.2009 (Annexure-A/9) as illegal and violative of the Hon'ble Court's orders." Prayer in W.P. (C) No. 783 of 2009 reads as follows : "to issue a Rule calling upon the respondents to show cause as to why a writ in the nature of certiorari or any other order or direction or any other appropriate writ should not be issued as prayed for. AND To quash the impugned office order dated 9.11.2009 (Annexure-A/12) as illegal and violative of the Hon'ble Court's orders." Prayer in W.P. (C) No. 765 of 2009 reads as follows : "to issue a Rule calling upon the respondents to show cause as to why a writ in the nature of certiorari or any other order or direction or any other appropriate writ should not be issued as prayed for. AND To quash the impugned office order dated 9.11.2009 (Annexure-A/12) as illegal and violative of the Hon'ble Court's orders." [3] The proceeding dated 09.11.2009 is extracted for better clarity : "ORDERS BY THE GOVERNOR : MANIPUR Imphal, the 9th November, 2009 No. 17/52/2007-FD(PIC) : WHEREAS on bringing to the notice of the Government that huge excess payment of arrear pay and allowance, pension, family pension, gratuity and commutation of pension had been made in the non-existent pay scale and post of Head Pandits/Head Masters of L.P. Schools, the State Government by an instruction issued vide Message No. 8/21/2004-FD(TRY), dated 21.04.05, No. 8/21/2004-FD(TRY), dated 25.04.2005 stopped the monthly pension/family pension with immediate effect in respect of retired/deceased teachers of L.P. Schools and further the Accountant General (A E), Manipur was instructed vide letter No. 17/13/2005-FD(PIC) (Pt), dated 8.3.2006 for recovery of the excess and inadmissible amount drawn by the retired teachers/families of the deceased teachers of L.P. Schools; 2. AND WHEREAS the President/General Secretary of All Manipur Retired LP/JB/Primary Head Pandit/Head Master Association, Damaswari Primary School, Imphal East [Regd. No. 198/M/SR-2006] had filed Writ Petitions bearing No. W.P.(C) No. 846 of 2005, No. 894 of 2005, No. 1073 of 2005, No. 1179 of 2005, before the Hon'ble Gauhati High Court prahying for a direction to the State respondents for keeping in abeyance the instructions for stoppage of payment of pension/family pension w.e.f. April, 2005 and the Hon'ble Court passed orders on 3.3.2006 stating that the W/T Messages, dated 21.04.2005 and 25.04.2005 should not be given effect to till the returnable date, i.e. 20.03.2006 and granting liberty to the State respondents to file any application for modification, alteration or cancellation of the interim order even before returnable date." [4] Before passing this order, it will be pertinent to note that following order was passed in writ appeal being W.A. No. 5 of 2009 dated 03.03.2009 (Annexure - A/13): "Heard Mr. N. Ibotombi, learned counsel appearing on behalf of the appellants, Mr. Y. Nirmolchand, learned counsel appearing on behalf of the respondent No. 1 and Mr. C. Kamal, learned counsel appearing on behalf of the respondent No. 2. This appeal is directed against the order dated 29.08.2008 passed by the learned Single Judge in MC[W.P.(C)] No. 447 of 2007. By the impugned order, the learned Single Judge directed the respondents to pay the arrear pension to the numbers of the Writ Petitioners Association for the period from April, 2005 to December, 2006 calculating on the basis on of the substantive pay of the teachers, within a period of two months from the date of receipt of the copy of the order. This appeal has been filed mainly aggrieved by the fact that the relief granted by the learned Single Judge by way of interim relief was the very relief sought by the members of the Writ Petitioners Association in the writ petition. We have considered the facts and circumstances under which the interim prayer was made. We have also noted the steps being taken up by the State respondents for the purpose of making recovery as regard to the excess payment already paid to the members of the Writ Petitioners Association. We have considered the facts and circumstances under which the interim prayer was made. We have also noted the steps being taken up by the State respondents for the purpose of making recovery as regard to the excess payment already paid to the members of the Writ Petitioners Association. Having regards to all the relevant considerations, including the stage of the writ petition as well as the need to provide certain relief to the members of the Writ Petitioners Association, the impugned order is modified to the extent that the respondents shall pay the arrear pension to the members of the Writ Petitioners Association for the period from April, 2005 to January, 2006, calculating on the basis of the substantive pay of the teachers, within a period of two months from the date of receipt of a copy of this order. The Writ Petitioners Association shall submit a copy of this order to the concerned respondents." It was an interim measure order. Thereafter, 2 (two) orders were passed in W.P.(C) No. 708 of 2006 dated 07.08.2006 (Annexure - X/1) and W.P.(C) No. 988 of 2006 dated 31.10.2005 (Annexure - X/2) as follows : "W.P.(C) No. 708 of 2006 Heard Mr. Premkrishna, learned counsel for the petitioner. Also heard Mr. Ibotombi, learned State counsel. Issue notice returnable on 6/9/2006. Mr. Ibotombi takes notice on behalf of all the respondents. Extra copies of the petition be served on him. Issue notice on the prayer for interim relief also returnable on the same date. After hearing the learned counsels for the parties and on a consideration of the materials on record, it is provided that if the respondents are inclined to initiate a process for recovery of the alleged excess payment made to the petitioner, in terms of the impugned notification dated 8/3/2006, they shall act in accordance with the relevant Rules. Further, no adverse action against him would be taken without affording him a reasonable opportunity of hearing in the matter. W.P.(C) No. 988 of 2006 Heard Mr. Y. Nirmolchand, learned counsel for the petitioner. Issue notice returnable in four weeks. Mr. A. Madhuchandra, learned Govt. Advocate, Manipur, accepts notice on behalf of all the respondents. Extra copies of the writ petition be furnished to him in three days. Issue notice to the prayer for interim relief returnable in four weeks. W.P.(C) No. 988 of 2006 Heard Mr. Y. Nirmolchand, learned counsel for the petitioner. Issue notice returnable in four weeks. Mr. A. Madhuchandra, learned Govt. Advocate, Manipur, accepts notice on behalf of all the respondents. Extra copies of the writ petition be furnished to him in three days. Issue notice to the prayer for interim relief returnable in four weeks. After hearing the learned counsels for the parties and on a consideration of the materials on record it is provided that if the respondents are inclined to initiate a process of recovery of all the alleged excess payments made to the petitioner, in terms of the impugned notification dated 8.3.2006 and 15.04.2006, they shall act in accordance with the relevant Rules. Further, no adverse action against the petitioner would be taken without affording him a reasonable opportunity of hearing in the matter." [5] Respondent authorities were directed to hear the parties. As per the direction of this Court, the memorandum dated 08.10.2009 (Annexure - X/4) was issued to Md. Abdul Rahman, General Secretary, All Manipur Retired Head Pandits/Head Masters of L.P. Schools Association, Damaswari Primary School, Imphal East [Regd. No. 198/M/SR/2006]. This memorandum clearly states that at the first instance writ petition was filed and the reason for the Department for coming to the conclusion is that excess payment was paid to the members of petitioners association on the basis of the irregularity and non-existent pay scale of the non-existent posts and by collusion between the officers of the Departments concerned. [6] On 12.10.2009, the General Secretary has made reply to the show cause notice (Annexure - X/5) to the Principal Secretary (Finance), Government of Manipur which reads as follows : "THE ALL MANIPUR RETIRED HEAD PANDIT/HEAD MASTERS OF L.P. SCHOOL ASSOCIATION, C/O DHANESWARI PRIMARY SCHOOL, KONUNG MAMANG, IMPHAL EAST [REGD. NO. 198/M/SR-2006]" REF. NO. Imphal, the 12th October, 2009 To The Principal Secretary (Finance), Govt. of Manipur Sub :- Reply to the show cause notice. Sir, I, on behalf of the All Manipur Retired Head Pandit/Head Masters of L.P. School Association, have the honour to refer to your Memorandum No. 17/52/207-FD(PIC), dated 08/10/2009 regarding the above subject and to furnish the reply as unanimously resolved in the meeting of the Association held on 10/10/2009 as under :- 2. Sir, I, on behalf of the All Manipur Retired Head Pandit/Head Masters of L.P. School Association, have the honour to refer to your Memorandum No. 17/52/207-FD(PIC), dated 08/10/2009 regarding the above subject and to furnish the reply as unanimously resolved in the meeting of the Association held on 10/10/2009 as under :- 2. That, the Assistant Teachers/Pandits who were accepted/ declared /appointed as Head Pandits of L.P. Schools by the Directorate of Edcation (Schools), Govt. of Manipur did not submit any application to the Director of Education (S) or Zonal Education Officer concerned or any other authority for grant of pay scale of the post of Head Master/Head Pandit of L.P. School. 3. That, it was learnt that the Education Department/Zonal offices used to fix pay of the retired teachers of L.P. Schools on the basis of the orders (copies enclosed) issued by the Education Department from time to time granting the pay scale of Head Pandit/Head Master resulting in the grant of arrear pension, gratuity, commutation without the knowledge of the innocent teachers. 4. That, the retired teachers came to know the actual of arrears pension/family pension only when the gang handed over to the innocent pensioners/family pensioners some portion of the arrear pension encashed by them in cash without transferring to the respective Bank accounts of the pensioners, on the basis of the revised PPOs issued by A.G. Manipur from time to time. Thereafter, the revised PPOs had been handed over to the pensioners/family pensioners. Thus, the innocent pensioners/family pensioners continued to draw monthly pension/family pension on the basis of the said fictitious revised PPOs issued by A.G. Manipur. 5. That, in such circumstances, payment of the monthly pension/family pension to the innocent pensioners/family pensioners drawn by them on the basis of the revised PPOs issued by the A.G. Manipur on or afte3r 05/05/2003 had been stopped by the Finance Department from the month of April, 2005. 6. That, in this connection, it is felt necessary to mention that the Education Department, vide their order No. 46/27/97-ED(V), dated 05/08/1998 (copy enclosed), declared /regularized the Assistant Teachers/Pandits as Head Master (Lower Primary/Primary Schools) on the recommendations of a duly constituted DPC. Here, it is requested for investigations as to how the DPC recommended for declaration/regularization as Head Masters of L.P. Schools against the alleged non-existent post of Head Pandit/Head Master of L.P. Schools. 7. Here, it is requested for investigations as to how the DPC recommended for declaration/regularization as Head Masters of L.P. Schools against the alleged non-existent post of Head Pandit/Head Master of L.P. Schools. 7. That, it is learnt that the Special Investigation Team of the Police Department had already caused investigation in to the matter and the culprits viz. Directors of Edn. (S), ZEOs, Directorate staff, Officers and officials of A.G., Manipur, Officers and officials of Treasuries and the brokers have been arrested and some properties have also been confiscated. But, drastic actions against these culprits for recovery of the huge amounts drawn by them fictitiously have not been taken, so far. If the alleged excess amount is recovered/ adjusted from the income/property of these Government Officers/officials involved in this crime, the amount proposed to be recovered from the innocent pensioners/family pensioners will be minimum. This aspect is also required to be looked into seriously and expeditiously by the Finance Department. 8. On the ground and for the reasons stated above, I, as authorized unanimously by the Association in its meeting held on 10/10/2009, have no objection to the proposed recovery of alleged excess amount from the monthly pension/family pension and, at the same time, it is requested that the arrear pension/family pension from April, 2005 may kindly be released without any further delay. Yours faithfully, Sd/- (Abdul Rahman) General Secretary" [7] Subsequently, he reiterated on 16.10.2009 (Annexure - X/6) which reads as follows : "THE ALL MANIPUR RETIRED HEAD PANDITS/HEAD MASTERS OF L.P. SCHOOL ASSOCIATION, C/O DHANESWARI PRIMARY SCHOOL, KONUNG MAMANG, IMPHAL EAST [REGD. NO. 198/M/SR-2006] REF. NO. Imphal, the 16th October, 2009 To The Principal Secretary (Finance) Govt. of Manipur Sub :- Reply to show cause notice. Sir, In continuation of the reply to show cause notice, dated 12/10/2009, I, on behalf of the All Manipur Retired Head Pandits/Head Masters of L.P. School Association, have the honour to say that this Association have no objection to the proposed recovery of alleged excess amount from the monthly pension/family pension payable from the month of April, 2005. It is therefore, requested that the arrear pension/family pension from April, 2005 may kindly be released without any further delay. It is therefore, requested that the arrear pension/family pension from April, 2005 may kindly be released without any further delay. Yours faithfully, Sd/- (Abdul Rahman) General Secretary" [8] On the basis of the statement made by the association after deliberation which they had on 10.10.2009 as stated in the letter dated 12.10.2009, the impugned order dated 09.11.2009 was passed. It will be relevant to mention that earlier, an objection was received on 12.10.2009 from one, A. Gojendra Sharma, General Secretary of the association. On 16.10.2009 (Annexure - X/8) the General Secretary issued a complaint to the Registrar Co-operative Societies, Manipur. Para No. 5 of the letter reads as follows : "5. That, the bogus Committee was constituted in collusion of 2/3 members which cannot be claimed as majority and they will not be able to show their strength since more than 800 (eight hundred) members of the Association are with the genuine committee. The bogus Committee was constituted on the eve of releasing the arrear pension of the members of the Association in the interest best known to them. The President of this bogus Committee filed contempt petition against the Government officers." [9] To substantiate the plea of bogus complaint by one, Gojendra Sharma, in support of the reply affidavit dated 07.07.2010, the Under Secretary (Finance/PIC), Government of Manipur wrote to the Registrar, Co-operative Societies, Manipur (Annexure-X/9) on 19.10.2009. Para No. 8 - 10 of the letter read as follows : "8. Accordingly, a show cause notice was issued on 08/10/2009 to Md. Abdul Rahman, General Secretary of the Association to whom correspondence had been made to submit a written statement as to why the excess payment should not be recovered as per rules. The Association submitted on 12/10/2009 a written statement stating that they have no objection to the proposed recovery of excess payment as per rules. 9. To a great surprise, another application signed by Shri M. Ibomcha Singh, President of the Association was received on 12/10/2009 objecting to the proposed recovery. Further, it was found that a new Managing Committee with the said Shri M. Ibomcha Singh as its President was constituted and the same was approved vide your letter No. 198/M/SR-06, dated 01/09/2009. 9. To a great surprise, another application signed by Shri M. Ibomcha Singh, President of the Association was received on 12/10/2009 objecting to the proposed recovery. Further, it was found that a new Managing Committee with the said Shri M. Ibomcha Singh as its President was constituted and the same was approved vide your letter No. 198/M/SR-06, dated 01/09/2009. In the meanwhile, a complaint from Abdul Rahaman, General Secretary of the Association has been lodged stating that the said committee is bogus and that the committee with Shri M. Ibomcha Singh as President is genuine one. 10. You are, therefore, requested kindly to intimate which one of the two Managing Committee is genuine." [10] In response to that, the Registrar of Co-operative Societies by his proceeding dated 03.11.2019 (Annexure - X/10) wrote to the Under Secretary (Finance/PIC), Government of Manipur as follows : "No. 198/M/SR-06 GOVERNMENT OF MANIPUR OFFICE OF THE REGISTRAR OF SOCIEITES MANIPUR Imphal, the 3rd Nov. 2009 To The Under Secretary (Finance/PIC) Government of Manipur Subject : Complaint against the recognition of new office bearers of the Association. Sir, I am to invite a reference to your letter No. 17/52/2007-FD(PIC) dt. the 19th October, 2009 on the above subject, and to intimate that the complaint has been inquired by Shri L. Manichandra Singh, ARCS (Sawombung) as per order of even number dt. 21.10.09 keeping in abeyance of the office letter dt. 01.09.09 acknowledging the Managing Committee headed by Shri M. Ibomcha Singh as the President as Annexure - A/1 and his inquiry report dt. 23.10.09 and 02.11.09 are enclosed herewith as Annexure - A/2 A/3. As per the inquiry report, the proceedings of the General Body meeting of the All Manipur Retired LP/JB/Primary Head Pandits/Head Masters Association held on 22.07.09 whereby the Managing Committee members and the office bearers headed by Shri M. Ibomcha Singh as the President and Shir A. Gojendra Sharma as the Secretary who were recorded by this office letter of even number dt. 01/09/09, mentioned in para No. 9 of your letter, lacks authenticity. The proceeding is signed by none but Shri L. Kullabi Singh as the Vice President. As facts were considered by them this office letter of even number dt. 01/09/09 is deemed to have not been issued. Out of the 11 (eleven) Committee Members/office bearers at the time registration of the Association on 09/02/06, Md. The proceeding is signed by none but Shri L. Kullabi Singh as the Vice President. As facts were considered by them this office letter of even number dt. 01/09/09 is deemed to have not been issued. Out of the 11 (eleven) Committee Members/office bearers at the time registration of the Association on 09/02/06, Md. Abdul Halim Shah, President had expired as per the inquiry report Shri Ng. Ibomcha Singh, founder Secretary, had also resigned from the Managing Committee on health ground. As such, the Managing Committee and the office bearers were reshuffled as follows in a General Body meeting dt. 25/01/07 vide Annexure A/4. 1. M. Ibopishak Singh - President 2. M. Sule - Vice - President 3. Md. Abdul Rahman - Secretary 4. S. Shangreise - Member 5. S. Kulabi Singh - Member 6. D. Bering Lamkang - Member 7. M. Amuba Singh - Member 8. Mareem Noron Chothe - Member 9. L. Sobita Devi - Member As per the inquiry report and findings in the Record Book of the Association, the above Managing Committee members and office bearers are genuine. Yours faithfully, Sd/- (N. Jugeshwar Singh) Addl. Registrar of Societies, Manipur" [11] Subsequent to the impugned proceeding, on 05.02.2010 the Principal Secretary (Finance) has passed further order in compliance to the impugned order dated 09.11.2019. Para No. 7 8 of the order dated 05.02.2010 (Annexure-AX12) reads as follows : "7. AND WHEREAS, Shir D. Bering Lamkang and 26 pensioners/family pensioners i.e. retired Head Pandits/Head Masters of L.P. Schools and families of deceased Head Pandits/Head Masters of L.P. Schools of Chandel District submitted representation dated 22.01.2010 stating that they have no objection to the recovery of excess drawal of pension which also shall not be reduced below the minimum amount of pension, till the full recovery of the amount drawn in excess of the actual entitlements and requesting for release the arrear pension/family pension for the period from April, 2005 to December, 2006 (21 months). 8. 8. NOW, THEREFORE, the Governor of Manipur is pleased ad interim to direct the Accountant General (A E) Manipur to issue revised Pension Payment Orders (PPOs) on the basis of the substantive pay of the retired/deceased Teachers of L.P. Schools with effect from April, 2005 to December, 2006 (21 months) and to release to the pensioners/family pensioners of Chandel District, list of which is enclosed as Annexure - I, the arrear pension/family pension by short payment of pension or family pension, as the case may be, in installments at the rate of exceeding one ? third of the pension which also shall not be reduced below the minimum amount of pension from April, 2005 to December, 2006 (21 months) and from the date of issue of this order till the full recovery of the excess amount drawn irregularly." [12] In fact, the impugned order has been given effect to by the proceeding dated 05.02.2010 giving list of persons benefitted by the order. Similar orders were passed on 06.02.2010, 08.02.2010, 25.02.2010, 12.04.2010 (Annexure - X/14, X/15, X/16, X/17, X/18, X/19, X/20). Almost all the Head Pandits/Head Masters have been given the benefits. The present writ petitions are filed by these persons without referring to the correct facts and event which are evident from the documents filed by the respondent in support of the reply affidavit. A reading of the orders passed by this Court as well as the nature of proceeding taken and the decision arrived in the impugned order by the authority makes it clear that the impugned order was passed based on a consent by the petitioners association. This is not a disputed fact. The plea that some of the members of the association have given objection, has no merit because the respondents have proved by documents that some falsification form of deception is undertaken by disgruntled persons to suppress the material facts and prolong the litigation. The counsel for the petitioner has no answer to the respondents- documents. The documents submitted by the respondents establish clearly that the issue has been finally settled and benefits given as per entitlement. Hence, there is no scope for further adjudication. [13] Since the impugned order has been passed by consent of the registered association supported by documents that there has been erroneous payment of pay to the non-existent posts on higher scale. Hence, there is no scope for further adjudication. [13] Since the impugned order has been passed by consent of the registered association supported by documents that there has been erroneous payment of pay to the non-existent posts on higher scale. The respondents have passed the impugned order after following the principle of natural justice and therefore, there is no merit in the petitioners challenge to the impugned proceeding. The writ petition fails. [14] Accordingly, finding no merits, these writ petitions are dismissed.