ATHOKPAM HERACHANDRA SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) HEARD Mr. I. Lalitkumar, learned senior counsel assisted by Ph. Robin, learned counsel appearing for the petitioner and Ms. Ch. Sundari, learned GA appearing for the State respondents.

(2.) THIS writ petition is pursued by the petitioner after his retirement from service on superannuation. He had joined service as Hindi Graduate Teacher on 07.09.1977 and being eligible and qualified for upgradation/placement to the senior scale, he had been allowed for upgradation/placement in the senior scale. He retired from service while he was serving as Assistant Head Master at New Ideal High School, Thoubal by enjoying a senior scale. According to him, by virtue of long and continuous satisfactory service, he is entitled to selection grade post as per the rules framed in this regard even before his retirement. Such confirmation from senior scale to the selection grade is to be done only after rendering 12 years service in the post of senior scale. Despite fulfillment of all the conditions and criteria for such entitlement, he was denied of the selection grade. Aggrieved by such denial, this writ petition has been filed.

(3.) THE State respondents resisted this writ petition and filed affidavit in opposition. The stand taken by the State respondents is mostly found in para No. 2 and 5 of the affidavit in opposition which is that the name of the petitioner had been included among the eligible teachers, but his case was to be placed before the screening committee meeting at the time of its sitting. In terms of the notification dated 09.08.1991, the entitlement to the selection grade scale is not automatic after the completion of 12 years in senior scale: it should be done by the screening committee against the 10% of the total number of eligible incumbents who are enjoying senior scale. The screening committee held its meeting on 03.06.2008 for consideration of affording senior scale of pay as well as selection grade scale of pay to all the eligible teachers, but the meeting had to be deferred in the matter for grant of selection grade scale for the reasons stated in the office memorandum dated 21.11.2008. It is also stated by the State respondents that the consideration for grant of senior scale can be finalized only after consulting the Local Fund Audit and the Finance Department, Government of Manipur. It is denied that there is arbitrariness and unreasonableness or unconstitutionality on the part of the State respondents for not granting the selection grade scale of pay to the petitioner. These are the sum and substance of the contention of the State respondents.