DIRECTOR GENERAL OF POLICE Vs. B BARNALATA DEVI

JUDGEMENT

(1.) BY this writ appeal, the State appellants have assailed the Judgment and Order of the learned Single Judge dated 05. 10. 2001 passed in W. P. (C) No. 1388 of 2000, wherein and whereunder directed the appellants to regularize the service of the petitioners in the post of Constable/assistant Teachers and Constable/ Matron within a period of one month from the date of receipt of the Judgment and order.

(2.) HEARD Mr. A. Mohendro, learned counsel appearing for the State Appellants and Ms. Puspa, learned counsel appearing for the respondents.

(3.) THE facts in nutshell, required to be adjudicated in this appeal are that; the writ petitioner Nos. 1 to 8 (respondents herein) were initially appointed in the year 1981 and 1983 as Riflemen Assistant Teachers, Rifleman of the Unit School of the 1st Bn. Manipur Rifles (for short hereinafter referred as M. R.) on ad hoc basis for the period of six months or till the posts are filled up on regular basis, which ever is earlier; and Petitioner No. 9 was appointed as Matron (non teaching staff) in the said school on 23. 06. 1981 on similar terms and conditions, which was established in the year 1953 as Primary School to cater the needs of the children of serving MR Personnel/manipur Police. The said school was upgraded to Class-VIII standard and recognized by the Board of Secondary Schools, Manipur in the year, 1978 and it was given grant in aid in the year 1980 for three teachers and one LDC, as the said school was/is not a Government institute and run by the Manipur Rifles Personnel. In the year, 1985 reorganization of the Manipur Rifles were ordered and all the lady employees of the Manipur Rifles Battalion were transferred to Civil Police as lady constables. Since there was no post of Riflewoman in the Manipur Rifles all the ad hoc employees of Grade-III posts including the present petitioners were considered for regularization as woman constables and accordingly Class-III-DPC was constituted to find out suitability of the ad hoc lady employees of Class-III posts including the writ petitioners for appointment to the post of woman constables. The writ petitioners were found suitable and fit for appointment as women constables by the DPC and they were appointed, as women constables and transferred to the District Police, Imphal District as such on 10. 12. 1985. They were asked to undergo basic training for women constables but all of them refused to undergo the compulsory basic training course for women constables and resigned from the posts of women constables. On humanitarian ground the school authority allowed the petitioners to work as Assistant Teachers in consolidated pay in the said private school run by the 1st Bn. M. R. personnel. The Petitioners were not given salary which they were getting before the reorganization but allowed a consolidated pay of Rs. 700/- p. m. without any service benefits. Subsequently, they were provided Rs. 1000/- (Rupees one thousand) p. m. as a consolidated pay. As certain problem arose regarding the service conditions of the petitioners since 1985, they made representations to the authorities for creation of posts of Assistant Teachers or for enhancement of grant in aid, so that the petitioners and others could work as regular employees of the said school. Such representations were examined and report was submitted by the chairman of the School to the Director General of Police, appellant No. 1 herein vide letter dated 27. 05. 1988 wherein the status of the employees at the time was explained. The appellant No. 1 submitted a detailed report to the Chief Secretary on 21. 11. 1995. But ultimately the government did not agree with the proposal and could not take any policy decision in the manner suggested by the Director General of Police for absorbing the writ petitioners, who were already given the chance for regular appointment in the police Department, Government of Manipur as women constable and also there is no post of Rifleman/assistant Teacher in the regular establishment of 1st Bn. M. R. Aggrieved by the decision of the respondents, the writ petitioners (respondents herein) filed the aforesaid writ petition with a prayer to direct the respondents (appellants herein) to regularize the service of, the writ petitioner Nos. 1 to 8, as Teachers and writ petitioner No. 9, as Matron, in the 1st Bn/m. R. School and pay regular salaries at par with the approved teachers/staff/employees in the said school w. e. f. their respective initial appointments as teachers/non teaching staff.