Haobam Tomba Singh Vs. State of Manipur and ors. - Court Judgment

Excerpt:
- - 2. in this writ petition, the petitioner/association namely ;the all manipur lower primary schools' head pandit association represented by its secretary on behalf of 21 members of its association sought for a direction to the respondents/authorities concerned to allow these 21 in-charge head pandits to enjoy and get the tine scale of pay of headmaster with effect from their initial appointment as in-charge head pandit of their respective schools by contending inter alia, that since the date of their assumption of charges as head pandit in their respective schools they have been serving and working as head pandit till today without any break of service but they have not been paid the scale of pay and allowances attached to the post of head pandit of l. 7. in view of the above position, this petitioner/association has enforceable legal right in the instant case and they are entitled to get the benefit and enjoy the time scale of pay and allowances attached to the post of head pandit of l. n.s. singh, j.1. heard mr. shanta khaidem, learned counsel for the petitioner/ association and also ms. ch. bidyamani devi, learned, addl. govt. advocate for the state respondents.2. in this writ petition, the petitioner/association namely ; the all manipur lower primary schools' head pandit association represented by its secretary on behalf of 21 members of its association sought for a direction to the respondents/authorities concerned to allow these 21 in-charge head pandits to enjoy and get the tine scale of pay of headmaster with effect from their initial appointment as in-charge head pandit of their respective schools by contending inter alia, that since the date of their assumption of charges as head pandit in their respective schools they have been serving and working as head pandit till today without any break of service but they have not been paid the scale of pay and allowances attached to the post of head pandit of l.p./primary schools without any justification.3. supporting the case of the writ petitioner, mr. shanta khaidem, learned counsel submitted that the present case is squarely covered up by the related orders dated 13.7.1999, and 9.6.1999 passed by this court in w.p. (c) no. 578/99 and writ appeal no. 3/99 as in annexure -a/23 and a/24 to the writ petition and as such, the members of this petitioner/association should also get the benefit of it as they are similarly situated with those teachers/incharge head pandit.4. i have perused the writ petition and also the appended documents to it. particulars of these 21 members of the petitioner/association including their appointment as head pandit in-charge of their respective schools finds its place in the document marked as annexure - a/1 and in a short compass their particulars are reproduced as hereinunder :sl. no.namename of schooldate of declaration of head pandit in-chart1.kshetrimaym kesho singhsangaiprou l.p. school, zone i2.3.20012.ahanthem rajen singhkadangbal l.p.s. school, zone i12.2.20013.heisnam jibanlata devimodern primary school, zone 18.3.20014.takhelmaym umabati deviningthoubung khunou l.p. school, zone ii16.9.20005.thomchom surendro singhkontha girls' l.p school, zone ii13.2.20016.khuraijam biradhajapatsoi khunou primary school, zone i1.6.19957.thakhelmayum umashashi devilamjaotongba girls' l.p. school, zone ii30.12.19998.th. ekashini devikhongnangpehidekpi primary school zone ii10.10.19999.takhelmaym sunita devitharo primary school, zone ii30.6.200010.khulem rajendra singhkhaidem primary school, zone i20.2.199311.ningthoujam kala chand singhpatsoi tulihal l.p. school3.2.200112.brahamacharimayum sunitibala deviawang leikinthabi primary school, zone i12.3.200113.elangbam radha devilangthabal khoubum l.p. school, zone i14.4.200014.lourembam rajen singhlairensajik l.p. school, zone i4.1.200115.yumnam debenkumar singhibemcha balika l.p. school, zone - i1.4.197816.khomdram shyama deviuripok girls' primary school, zone i5.12.200017.khurayam ibemhal deviibemcha balika l.p school, zone i2.3.200118.golmei maiten kabuinikonthoujam maning tribal girls' l.p. school, zone i10.10.200019.khwairakpam borinan: singhmoibung khunou l.p. school, zone i10.10.200020.thiyam manishangbi devikakching loumi l.p. school, zone iii30.3.199521.naorem tabahal devikakching girls' primary school, zone iii9.1.1998 5. in jushistir mohanty v. state of orissa and ors. reported in (1996) 10 scc 531, the apex court has pointed out and held thus :'it is settled position that if the government, for want of candidate, directs an officer in the lower decree to perform the duties of the post in the higher cadre, during that period, necessarily, the incumbent would be entitled to the payment of the salary attached to the post if the incumbent has performed the duties in that post'.6. once again the apex court in selva raj v. lt. governor of island, port blair and ors. reported in air 1999 sc 838 pointed out that if an employee is ordered to look upon the duties of higher post, the employee worked on higher post though temporarily and in officiating capacity, is entitled to salary attached to higher post. however, there are other provisions under the related f.r. under which the competent authority may even fix the services allowances or in other words, charge allowances to be afforded to an employee for holding the charge of a higher post or posts and if there is a condition in the appointment order then, it would be otherwise and as such, it is made clear that in absence of certain terms and conditions in making arrangement for allowing the employee to hold the charge of higher post; then in that case, the decision of the apex court as highlighted above shall come into operation. in the instance case, there is no specific order issued from the end of the respondents state under related f.r. 49 for such charge or service allowances as discussed above.7. in view of the above position, this petitioner/association has enforceable legal right in the instant case and they are entitled to get the benefit and enjoy the time scale of pay and allowances attached to the post of head pandit of l.p./primary schools. accordingly, i direct the respondents/authorities concerned to afford the time scale of pay and allowances attached to the post of head pandit of l.p./primary schools to these 21 in-charge head pandits right from the date of their assumption of charges as head pandits as highlighted in the foregoing paragraph of this order. it is made clear that the respondents/authorities concerned shall make necessary payment of the arrear salary to these 21 members of the petitioner/association within a period of 3(three) months from the date of receipt of this order after proper adjustment of the salary so far drawn by them and that they shall be paid their regular monthly salary in the time scale of pay and allowances attached to the post of head pandit of pay and allowances attached to the post of head pandit of l.p./primary schools.8. for the reasons, observations and directions made above, this writ petition is disposed of but, no order as to costs.

Judgment:

N.S. Singh, J.

1. Heard Mr. Shanta Khaidem, learned counsel for the petitioner/ Association and also Ms. Ch. Bidyamani Devi, learned, Addl. Govt. Advocate for the State respondents.

2. In this Writ petition, the petitioner/Association namely ; the All Manipur Lower Primary Schools' Head Pandit Association represented by its Secretary on behalf of 21 members of its Association sought for a direction to the respondents/Authorities concerned to allow these 21 in-charge Head Pandits to enjoy and get the tine scale of pay of Headmaster with effect from their initial appointment as in-charge Head Pandit of their respective schools by contending inter alia, that since the date of their assumption of charges as Head Pandit in their respective schools they have been serving and working as Head Pandit till today without any break of service but they have not been paid the scale of pay and allowances attached to the post of Head Pandit of L.P./Primary Schools without any justification.

3. Supporting the case of the Writ Petitioner, Mr. Shanta Khaidem, learned counsel submitted that the present case is squarely covered up by the related orders dated 13.7.1999, and 9.6.1999 passed by this court in W.P. (C) No. 578/99 and Writ Appeal No. 3/99 as in Annexure -A/23 and A/24 to the Writ Petition and as such, the members of this petitioner/Association should also get the benefit of it as they are similarly situated with those teachers/incharge Head Pandit.

4. I have perused the Writ Petition and also the appended documents to it. Particulars of these 21 members of the petitioner/Association including their appointment as Head Pandit in-charge of their respective schools finds its place in the document marked as Annexure - A/1 and in a short compass their particulars are reproduced as hereinunder :

Sl. No.

Name

Name of School

Date of declaration of Head Pandit in-Chart1.

Kshetrimaym Kesho Singh

Sangaiprou L.P. School, Zone I

2.3.2001

2.

Ahanthem Rajen Singh

Kadangbal L.P.S. School, Zone I

12.2.2001

3.

Heisnam Jibanlata Devi

Modern Primary School, Zone 1

8.3.2001

4.

Takhelmaym Umabati Devi

Ningthoubung Khunou L.P. School, Zone II

16.9.2000

5.

Thomchom Surendro Singh

Kontha Girls' L.P School, Zone II

13.2.2001

6.

Khuraijam Biradhaja

Patsoi Khunou Primary School, Zone I

1.6.1995

7.

Thakhelmayum Umashashi Devi

Lamjaotongba Girls' L.P. School, Zone II

30.12.1999

8.

Th. Ekashini Devi

Khongnangpehidekpi Primary School Zone II

10.10.1999

9.

Takhelmaym Sunita Devi

Tharo Primary School, Zone II

30.6.2000

10.

Khulem Rajendra Singh

Khaidem Primary School, Zone I

20.2.1993

11.

Ningthoujam Kala Chand Singh

Patsoi Tulihal L.P. School

3.2.2001

12.

Brahamacharimayum Sunitibala Devi

Awang Leikinthabi Primary School, Zone I

12.3.2001

13.

Elangbam Radha Devi

Langthabal Khoubum L.P. School, Zone I

14.4.2000

14.

Lourembam Rajen Singh

Lairensajik L.P. School, Zone I

4.1.2001

15.

Yumnam Debenkumar Singh

Ibemcha Balika L.P. School, Zone - I

1.4.1978

16.

Khomdram Shyama Devi

Uripok Girls' Primary School, Zone I

5.12.2000

17.

Khurayam Ibemhal Devi

Ibemcha Balika L.P School, Zone I

2.3.2001

18.

Golmei Maiten Kabuini

Konthoujam Maning Tribal Girls' L.P. School, Zone I

10.10.2000

19.

Khwairakpam Borinan: Singh

Moibung Khunou L.P. School, Zone I

10.10.2000

20.

Thiyam Manishangbi Devi

Kakching Loumi L.P. School, Zone III

30.3.1995

21.

Naorem Tabahal Devi

Kakching Girls' Primary School, Zone III

9.1.1998

5. In Jushistir Mohanty v. State of Orissa and Ors. reported in (1996) 10 SCC 531, the Apex Court has pointed out and held thus :

'It is settled position that if the Government, for want of candidate, directs an Officer in the lower decree to perform the duties of the post in the higher cadre, during that period, necessarily, the incumbent would be entitled to the payment of the salary attached to the post if the incumbent has performed the duties in that post'.

6. Once again the Apex Court in Selva Raj v. Lt. Governor of Island, Port Blair and Ors. reported in AIR 1999 SC 838 pointed out that if an employee is ordered to look upon the duties of higher post, the employee worked on higher post though temporarily and in officiating capacity, is entitled to salary attached to higher post. However, there are other provisions under the related F.R. under which the competent Authority may even fix the services allowances or in other words, charge allowances to be afforded to an employee for holding the charge of a higher post or posts and if there is a condition in the appointment order then, it would be otherwise and as such, it is made clear that in absence of certain terms and conditions in making arrangement for allowing the employee to hold the charge of higher post; then in that case, the decision of the Apex Court as highlighted above shall come into operation. In the instance case, there is no specific order issued from the end of the respondents State under related F.R. 49 for such charge or service allowances as discussed above.

7. In view of the above position, this petitioner/Association has enforceable legal right in the instant case and they are entitled to get the benefit and enjoy the time scale of pay and allowances attached to the post of Head Pandit of L.P./Primary Schools. Accordingly, I direct the respondents/Authorities concerned to afford the time scale of pay and allowances attached to the post of Head Pandit of L.P./Primary Schools to these 21 in-charge Head Pandits right from the date of their assumption of charges as Head Pandits as highlighted in the foregoing paragraph of this order. It is made clear that the respondents/Authorities concerned shall make necessary payment of the arrear salary to these 21 members of the Petitioner/Association within a period of 3(three) months from the date of receipt of this order after proper adjustment of the salary so far drawn by them and that they shall be paid their regular monthly salary in the time scale of pay and allowances attached to the post of Head Pandit of pay and allowances attached to the post of Head Pandit of L.P./Primary Schools.

8. For the reasons, observations and directions made above, this Writ Petition is disposed of but, no order as to costs.