STATE OF MANIPUR Vs. P. BINODKUMAR SINGH

JUDGEMENT

(1.) This writ appeal is directed against the judgment and order dated 27.09.2007 passed by the learned single Judge in W.P.(C) No. 356 of 2006. The respondent was the petitioner in the writ application.

(2.) Briefly stated facts of the present case are that the respondent was initially appointed as an Assistant Science Graduate Teacher in Laishram Deva High School, Manipur which was an aided school. The respondent joined the post on 10.08.1973. Vide Government order dated 14.08.1978, more than 100 schools including Laishram Dev High School, Manipur were taken over by the Government and vide order of the Governor dated 1st March, 1982, all the employees of such schools excluding Headmasters/ Principals/ Assistant Headmasters were appointed on regular basis against their respective posts subject to certain conditions. The respondent was posted as ad hoc Headmaster in Y. T. Junior High School on 11.12.1987. Vide order dated 31.5.1996, Government of Manipur allowed 94 teachers to draw scale of pay of a Headmaster w.e.f. 11.12.1987. On the recommendation of the DPC held on 17.02.2003, the respondent was promoted to the post of Assistant Headmaster. Though the petitioner was initially appointed as ad-hoc Headmaster on 11.12.1987, he was not given continuity in service from the said date. The respondent, therefore, filed W.P.(C) No. 852 of 2003 before this Court to take into account his period of service from 11.12.1987 to 13.03.2003 for the purpose of qualifying service in order to get pension and pay. The said writ application was allowed by the learned single Judge on 22.03.2005 and the operative part of the order is quoted below:

(3.) In compliance of the said order, the Education (S) Department, Government of Mani-pur on 18th January, 2006 passed an order to the effect that the said period of service from 11.12.1987 to 13.3.2003 shall be taken into account for pensionery benefits only. It was further directed that respondent shall not be entitled to seniority etc. qualifying service for promotion to the higher post. Relevant part of the order dated 8th January, 2006 is quoted below:-