LOUSHAMBAM IBOCHOUBA SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. O. Chittaranjan Singh, learned counsel for the petitioner and also Mr. A. Jagatchandra Singh, learned Addl. Govt. Advocate for the State respondents. On perusal of the available materials on record I am of the view that this matter can be disposed of at this stage considering the simple nature of the case and accordingly, it is finally disposed of on its own merit with the following short order.

(2.) A prayer has been made by the petitioner for a direction to the respondents to make payment of pay and allowances and other service benefits attached to the post of headmaster of High School for the period from 1.4.80 to 23.8.89 by contending inter alia that, he had been serving as Headmaster in-charge during the said period and for which he was not paid the salary attached to the post of Headmaster though at the moment he has been serving as regular Dy. Inspector of School. It is a fact that the petitioner approached this court at a belated stage and as such, there is certain laches on his part. Mr. Chittaranjan Singh, learned counsel for the petitioner at the hearing submitted that the petitioner had no knowledge about this entitle earlier but he came to know that by virtue of the related judgments and orders passed by this court in other cases, where in Employees who are similirly situated with the petitioner had been afforded certain benefits like scale of pay and allowances attached to the higher post as they had rendered their services in the said higher posts as in-charge/arrangement or officiating appointment. The law on this point has been settled by the following three decisions of the Apex Court. i) 1996 (10) SCC 531 (Judhistir Mdhanty Vs. State of Orissa and others wherein the Supreme Court pointed out as follows:

(3.) Keeping in view of the established principles of law laid down by the Apex Court and the related decisions of this court, I am of the view that the petitioner should get something for the service rendered by him during the aforesaid period. This court also noted the delay in filing the present petition. After proper application of my mind in this matter and also in view of the law laid down by the Apex Court as well as by this court, I direct tthe respondents/ Authorities concerned to make payment of 50% of the pay and allowances attached to the post of Headmaster of High School to the Wait Petitioner for the period from 1.4.80 to 23.8.89 after proper adjustment of the salary drawn by him during the relevant period to secure the ends of justice and this shall be done within a period of 3 (three) months from the date of receipt of this court. The petitioner may obtain a certified copy of this order and submit the same before the Appropriate authority for doing the needful in the matter.