MV. JALALUDIN Vs. THE STATE OF MANIPUR

JUDGEMENT

(1.) Heard Shri Th. Khagemba, the learned counsel appearing for the petitioner; Shri K. Jagat, the learned Government Advocate appearing for the respondent Nos. 1, 2 and 4 and Shri K.R. Pamei, Advocate on behalf of Shri S. Rupachandra, the learned ASG appearing for the respondent No. 3.

(2.) By the instant writ petition, the petitioner has questioned the validity and correctness of the impugned Government order dated 05 -04 -2013 with a prayer that the same be quashed and the respondents be directed to give the benefits of Senior Scale of Pay of Headmaster, Primary School to the petitioner with effect from 01 -04 -2003.

(3.) Facts as averred by the petitioner in the writ petition, are that although he was initially appointed as Substitute Teacher, his service was regularised vide order dated 16 -12 -1978 issued by the Director of Education (S), Government of Manipur. After having served for more than 10 years as teacher, he was allowed to take charge of Headmaster, Mayai Turel Ahanbi Primary Madrasa on in -charge basis vide order dated 08 -01 -1991 issued by the I/C Inspector of Schools and moreover, he was allowed to enjoy the Under -Graduate Senior Scale of Pay also. While the petitioner was serving in that capacity, a writ petition being C.R. No. 28 of 1983 came to be filed by an association namely The Manipur JB / Primary / ME School Headmaster's Welfare Association, whose members are similarly situated with the petitioner, questioning the order dated 08 -11 -1982 by which the State Government appointed 102 (one hundred and two) Headmasters by absorption. The said writ petition was disposed of on 21 -09 -1989 by the Hon'ble Gauhati High Court directing the respondents therein that the said order dated 08 -11 -1982 should not displace or disturb any member of the petitioner's Association. Thereafter, the petitioner along with six other incumbents filed a writ petition being C.R. No. 1001 of 1996 praying for grant of similar relief which was disposed of on 03 -04 -1997 with the direction that if the petitioners were found similarly situated, such benefit might be extended to them. Since the respondents therein failed to comply with the order dated 03 -04 -1997, a contempt petition being C.C.(C) No. 249 of 1998 was filed and in the teeth of contempt proceeding, the Director of Education (S), Government of Manipur issued an order dated 22 -01 -1999 by which the petitioners were declared as Headmasters of Primary / LP School, followed by an order dated 11 -06 -1999 declaring them as Headmasters with effect from the date of their declaration as Headmaster -in -charge in the scale of pay of Rs. 1400 -2300 (pre -revised). On the basis of a letter dated 12 -02 -2002 of the Zonal Education Officer, Thoubal, the Director of Education (S), Government of Manipur issued an order dated 09 -04 -2003 modifying the earlier order dated 11 -06 -1999 to the extent that the petitioner be declared as Headmaster w.e.f. 01 -04 -1991.