HARIMOHAN SHARMA Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner to quash the impugned order dtd. 13/9/2018 issued by the Under Secretary (RD&PR), Government of Manipur and to direct the respondents to streamline/re-fix the pay of the Principal/SIRD, Manipur in parity with the scale of pay of Associate Professor as prescribed by UGC i.e. PB-4: Rs.37400.0067000+AGP 9000/- as per the recommendation of NIRD/MorD, Government of India or in parity with the Principal (Under Graduate College) i.e. PB-4: Rs.37400.0067000+AGP 10,000 + Rs.2000.00 special Allowances as prescribed by the State Government.

(2.) The case of the petitioner is that he was appointed as Instructor (Agri) on ad-hoc basis in the Directorate of Rural Development and Panchayat Raj, Manipur on 21/6/1984 and he was later on appointed by promotion to the post of Principal (MPRTI) [now State Institute of Rural Development (SIRD)] of the RD and PR on regular basis. Since the Recruitment Rules and Service Rules of SIRD have not been framed, the respondents has adopted the Recruitment Rules and Service Rules of NIRD, Government of India. However, by ignoring and overlooking the fact that there must be an uniformity in the pay scale of the faculty all over India and the pay scale should be equal to UGC scale and equal to the UGC post of Associate Professor as per the proceedings of National Colloquium of ETCs 2nd and 3/6/2016 of NIRDPR, MoRD, Government of India and also in total disregards to the Rules of the SIRD, by the impugned order dtd. 13/9/2018, the petitioner who is holding the post of Principal (MPRTI) was ordered for retirement from service on attaining the age of superannuation with effect from 31/12/2018. According to the petitioner, the pay of the Principal/SIRD is to be streamlined in parity with the scale of pay of Associate Professor as prescribed by UGC or in parity with Principal (UG College) as prescribed by the State Government, the age of superannuation in respect of the petitioner on the capacity as Principal/SIRD (MPRTI) ought to be fixed as 65 years.

(3.) The first respondent filed affidavit-in-opposition stating that the petitioner was appointed as Instructor (Agri) on ad-hoc basis in the Directorate of Rural Development and Panchayat Raj for a period of six months with effect from the date of joining his duty or till the post is filled up on regular basis whichever is earlier. He was regularized as Instructor (Agri) in the scale of pay of Rs.720.0030-1020-EB04501470/- per month. It is stated that the Directorate has forwarded an application submitted by the petitioner to the Secretary (RD and PR) for re-fixation of the pay scale of Principal in the pay scale of Associate Professor prescribed by UGC i.e. PB-4: Rs.37400.0067000+AGP Rs.9000.00 as per the recommendation of NIRD/MoRD, Government of India or a Principal (UG College) of the State Government Rs. PB-4: Rs.37400.0067000+AGP Rs.10000.00+Rs.2000.00 Special Allowance prescribed by the State Government on 27/1/2017. The Deputy Secretary (RD and PR) requested the Director (RD&PR) to submit a comment along with justification for re-fixation of pay scale of Principal (MPRTI) on 4/5/2017. On 18/11/2017, the Directorate has addressed a letter to the Principal Secretary (RD and PR) protecting the pay of the Principal/SIRD.