ASSAM TOMBI SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The dispute raised in these Civil Rules having been referred to the Division Bench it was noticed that there are two sets of conflicting decisions on the points involved in W.A. No. 115/2001, WA No. 185/2002 and WA No. 3/99 con the one hand and another decision of the Co-ordinate Division Bench, reported in 2004 (1) GLT 5 (Golap Ch. Chetia Vs. Assam Administrative Tribunal & Ors.) The Division Bench formulated the following points for resolution of the conflict:

(2.) In order to appreciate the points that has emerged for adjudication, the brief fact of the case may be stated as follows : The petitioner is a Revenue 'Officer under the Government of Manipur working in the capacity of Supervisor Kanungo (SK) having the responsibility to carryout the task of survey in various Revenue Departments of the State. The State Government issued an order being No. 1/23/98 (Com) Revenue, dated 22.6.1998 in exercise of the power under Section 166 of the Manipur Land Revenue and Land Reforms (MLR & LR) Act, 1960 delegating the power and function of Assistant Survey and Settlement Officer (AS & SO) to the petitioner in addition to his normal duties of Supervisor Kanungo (SK) without any extra remuneration on public interest. For effective appreciation of the relevant terms, the said order is quoted herein below :

(3.) In pursuance of the said order, the petitioner is working as Assistant Survey & Settlement Officer (AS & SO, for short) since 22.6.1998 without any break but he has not been provided with the pay and allowances available for the post of AS & SO. Alleging discriminatory treatment and violation of the fundamental right under Article 14 of the Constitution of India, the petitioner has filed this writ petition for a direction to State respondents to provide him with the pay and allowance applicable for the post of AS & SO. The State respondents in their counter have pleaded inter alia that the sanction post for AS & SO in the Directorate of Settlement & Land Records under the Government of Manipur are 7 (seven) and 9 (nine) persons out of which 2 (two) are holding such post under delegated charge, there are excess number of such officers than the sanctioned strength. It is also pleaded that order delegating the power of function of AS & SO to the petitioner specifically states that such arrangement would not confer any right upon the petitioner to claim for regular- ization to the post and to get scale of AS & SO, that the petitioner having substan- tively holding the post under lower cadre, is merely discharging the duties of higher post and such arrangement cannot be treated as a promotion, as such, the petitioner is not entitled to get the higher salary as claimed for.