ALL MANIPUR GOVERNMENT COLLEGE TEACHERS ASSOCIATION REPRESENTED BY ITS PRESIDENT AND THE PRESIDENT OF ALL MANIPUR GOVERNMENT COLLEGE TEACHERS ASSOCIATION AND PRINCIPAL, P.G.T. COLLEGE Vs. THE STATE OF MANIPUR AND ORS.

JUDGEMENT

(1.) ON 30 -10 -93, there to an order by Hon'ble Smt. Justice Meera Sharma to list this case before the Division Bench. However, considering the facts that this writ petition is spending since 1982 and there is not a very likehood of the constitution of the Division Bench in this Bench in the near future and there is an urgency in this petition, I propose to take up this case sitting singly.

(2.) THIS writ petition was preferred by the members of All Manipur Government College Teachers Association, represented by its President (hereinafter the Association). In this writ petition the taking over of the Private Colleges and the validity of the Manipur Civil Service (Appointment and other service conditions of Employees of the Government Aided/Private Institution taken over by the Government) Rules, 1981, particularly, virus of Rule 7 of the said Rules has been challenged.

(3.) BY an order dated 12 -4 -77, the Government of Manipur took over the Churachandpur College on the terms and conditions specified in the said order. On 19 -12 -77 another order was passed by the Government to the effect that the employees of the said Colleges had been absorbed against the posts created with effect from 1 -9 -77. By another order dated 16 -12 -77 the Government took over the (sic) College on the terms and conditions specified therein1. It will be seen in Clauses 4 and 5 of the order that the service of the staff absorbed was to commence from 16 -12 -77. This shows that the existing staffs of the Colleges were absorbed in the Government service with effect from the date of taking over the Colleges by the Government. By another order dated 4 -9 -78 the Government of Manipur took over 9 Aided Colleges on the terms and conditions mentioned in the said order. In Clause 5 of the order, it was stipulated that the service of the existing staffs absorbed by the Government would commence with effect from the dale of taking over the Colleges i.e. 4 -9 -78. The teachers of the taken over Colleges, however, voiced their grievance through the Association, namely All Manipur Government College Teachers Association and wanted a revised terms and condition's and an agreement was arrived at between the Association and the Government on 22 -9 -78. It was stipulated that the services of the taken over College teachers would be protected and would be counted with effect from 1 -7 -57 for the purpose of calculating their pay, pensionary benefits and seniority. This agreement was objected to by the Petitioners Association on the ground that the benefits given to the taken over teachers of their back services with effect from 1 -7 -57 was highly prejudicial to the service conditions of the Petitioner's Association. On being protested, an agreement was arrived at between the Petitioner's Association and the Government on 18 -10 -78. By this Agreement, it was agreed that the service interest, the seniority of the Government College teachers and the employees will be fully protected whenever the Private Colleges are taken over and made the Government Colleges. It was also agreed that the Government would maintain a common cadre for all teachers including those belonging to the newly converted Colleges. Thereafter, by an order dated 1 -11 -78 the Govt. has decided that the past service of the teachers of the taking over Colleges would be subject to the recommendation of the Manipur Public Service Commission for which a special procedure would be deviced and that the past services of the teachers of taking over Colleges would be counted with effect from 1.7.57 for the purpose of pay and allowances, pension and gratuity, this decision was again opposed by the Petitioners Association in the form of strike to ventilate their grievances, this was followed in negotiated settlement between the Government and the representatives of the Petitioners Association that the Government would consult the interested parties in the matter before finalising the same. In the meantime, the Manipur Public Service Commission examined the matter and collected the relevant datas from various States of India where similar cases of taking over the Private/Government Aided Colleges by the Government took place. After completion of collection of datas from various States, a copy of the datas collected was forwarded to the Petitioners Association with the request to give their comments on the matter and the Petitioners Association submitted their proposals on the basis of the materials furnished to furnished to them by the Government by its letter dated 17.9.79.