W MEMCHA DEVI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Upon hearing the learned counsel on both sides, it appears to me that the writ petitioner, Km. W. Memcha Devi, made a prayer in this writ petition for an appropriate direction to the respondents to regularise her services to the post of Skilled Artisan (Carpet) held by her on casual basis and thereafter, on ad-hoc basis with retrospective effect, i.e. on and from 12.4.82 and also for a directibn to the respondents to pay the arrears of her salary being the difference of salary paid to her and a regular employee for the entire period of her casual engagement i.e. on and from 12.4.82 to 22.1.92.

(2.) According to the writ petitioner, she was initially appointed as casual skilled artisan (Carpet) vide order dated 12.4.1982 issued by the Director of Industries, Govt. of Manipur, the respondent No. 2 herein for a period of 6 (six) months at the rate of Rs. 8.00/- only per working day with effect from the date of her joining for duty in the Design Extension Centre, Takyeipat, Manipur and, thereafter she was allowed to continue to the said post for another period of about 10 (ten) years on casual basis. However, considering her satisfactory service record, the respondents appointed the writ petitioner to the post of Skilled Artisan (Carpet) on ad-hoc basis for a period of 6 (six) months as the Govt. had conveyed the approval for her appointment to the said post on ad-hoc basis and thus, the respondent No. 2 issued the order dated 22.1.92 as in Annexure A/3 to the writ petition, appointing the writ petitioner to the said post on ad-hoc basis for a period of 6(six) months and subsequently, the respondent No. 2 had issued another order dated 14.2.94 as in Annexure A/4 to the writ petition appointing the writ petitioner in the said post on ad-hoc basis for the period from 1.4.93 to 31.10.93 against the post created vide order No. 60/24/ 79-IND dated 28.2.80 in the form of ex-post- facto extension order. It is also the case of the writ petitioner that, the extension of services of ad-hoc employees of all the departments under the Govt. of Manipur is done with the concurrence of the Department of Personnel and the Department of Personnel issued a fresh memorandum on 8.2.94 as in Annexure A/5 to the writ petition wherein, all the Departments under the Govt. of Manipur were directed to extend the services of all ad-hoc employees for a period till 31.3.94 thus, showing the factum of the services of the writ petition as Skilled Artisan (Carpet) on ad-hoc basis till 31.3.94 as seen in the document marked as Annexure A/5 to the writ petition. According to the writ petitioner, she has been paid the scale of pay of Rs.825--15-950-EB-20-1200/- p.m. plus other allowances only, but she has not been afforded the pay scale of a regular Skilled Artisan (Carpet)and as such, it is an unequal treatment amongslequals. The petitioner has claimed for equal pay for equal work and for regularisation of her services in the post of Skilled Artisan (Carpet) as it was done in other Departments like Public Health Engineering Department under the Govt. of Manipur and other Departments by a special D.P.C.

(3.) The case of the writ petitioner was contested by the respondents by filing affidavit- in-opposition and contending inter-aiia, that there are 6 (six) posts of Skilled Artisan (Carpet) in the Industries Department, Govt. of Manipur which are to be filled up by direct recruitment from amongst the persons possessing the prescribed qualifications and, all the posts of Skilled Artisan (Carpet) had already been filled up by direct recruitment, but, out of the said appointment only one Scheduled Tribe candidate and 5(five) General candidates had already been appointed. Out of the 6 (six) posts, past No. 1 and 4 are reserved posts for Scheduled Tribe and Scheduled Caste candidates as per the Roster followed by the Department. As 6 (six) posts had already been filled up by 5 (five) General candidates and one Scheduled Tribe candidate, there is a back-log of one post for Scheduled Caste candidates. The present vacancy arising out of the promotion of Shri S. Gopal Singh as Supervisor (Carpet) though falls within the general quota as per the Roster since there is back-log of one post for Scheduled Caste candidate, the writ petitioner, being a general candidate and there is back-log for Scheduled Caste candidate, the present vacancy could not be filled up by general candidate and as such, the said post could not be filled up by the writ petitioner. According to the respondents, the writ petitioner cannot claim as of right for regularisation of her services in the said post of Skilled Artisan (Carpet), now lying vacant in the Department. In view of the provisions of the Manipur Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1976, the respondents could not take up any action for appointment of the petitioner against the said post on regular basis.