PRINCIPAL ACCOUNTANT GENERAL Vs. KANGABAM TOMBA DEVI

JUDGEMENT

(1.) Judgment and Order dtd. 13/7/2022 passed by a learned Judge of this Court in W.P(C) No.574 of 2021 is subjected to challenge in these two appeals. Writ Appeal No.121 of 2022 was filed by the Principal Accountant General (A and E), Manipur, respondent No.1 in the said writ petition; while Writ Appeal No.126 of 2022 was filed by the State of Manipur and the Director, Education (S), Government of Manipur, respondents No. 2 and 3 in the said writ petition. By the judgment and order under appeal, the learned Judge allowed the writ petition and directed the authorities to refund the deducted Gratuity and Dearness Relief, amounting to Rs.3,11,847.00, to the writ petitioner within a time frame. This relief was granted on the ground that the deductions made from her Gratuity and Dearness Relief accounts were illegal and unsustainable in law.

(2.) Heard Mr. Samarjit S., learned Sr. PCCG, appearing for the appellant in WA No.121 of 2022; Ms. Ch.Sundari Devi, learned Government Advocate, appearing for the appellants in WA No.126 of 2022; and Mr. Ch.Robinchandra Singh, learned counsel for respondent No.1 in both the writ appeals, the writ petitioner.

(3.) Smt. Kangabam Tomba Devi, respondent No.1 herein, was appointed as a Primary/Matriculate Teacher, vide order dtd. 15/6/1983 of the Director of Education (S), Government of Manipur. Therein, her salary was fixed in the scale of pay of Rs.470.0015-575-EB-20-735-25-860/- per month, plus DA and other allowances admissible under the rules, with effect from 1/7/1983. Upon acquiring a higher qualification, her salary was increased by the Director of Education (S), Government of Manipur, vide order dtd. 5/3/1992. Thereby, she was placed in the scale of pay of Rs.575.001050/-(pre-revised) with retrospective effect from 1/7/1983. Again, by order dtd. 8/11/2002, the Director of Education (S), Government of Manipur, enhanced her scale of pay, pursuant to Government Notification dtd. 7/9/1999, and she was extended the Trained Graduate/Trained Primary Teacher scale of pay with effect from 7/9/1999. Her scale of pay at this stage was fixed as Rs.4500.007000/-. She was then given the enhanced Trained Senior scale upon completion of 12 years of regular service in the grade, vide order dtd. 17/11/2003 of the Director of Education (S), Government of Manipur. Her scale of pay was fixed as Rs.5000.008000/- with effect from 29/10/1999. The scale of pay of Rs.5000.008000/- was revised to Rs.9300.0034,800/- plus grade pay of Rs.4200.00 with effect from 1/1/2006, vide Notification dt. 5/5/2010 of the Government of Manipur and her pay was fixed at Rs.11,540.00 plus Rs.4200.00 GP per month with effect from 1/1/2006.