MANIPUR SECRETARIAT STENOGRAPHARS ASSOCIATION Vs. STATE OF MANIPUR

JUDGEMENT

(1.) In this application under Article 226 of the Constitution of India, the petitioners have prayed for a direction to the respondents to maintain the rank of Stenographers, Grade -I as Class -It gazetted post and to grant pay to Stenographers (Grade-I) proportionate to the pay of Class -II Gazetted Officers with retrospective effect from 1987.

(2.) The petitioner No. 1 U an Association of Stenographers employed in the Manipur Secretariat, and the petitioner No.2 is its Secretary, By order dated 24.9.83 issued by the Government of Manipur, General Administration Department, the post oi Stenographer Grade-I of Manipur Secretarial was declared to be Class-II gazetted post Class-II gazetted officers enjoyed certain benefits. They were invited in ail the State functions of the Government of Manipur; they were entitled to be drawing and disbursing officers of the discretionary grant funds of the Ministers in the State of Manipur and they were getting higher Leave Travelling Concessions (L.T.C.) more than those employees who were holding non-gazetted posts. In the year 1983 when Stenographers Grade-I were declared as holding Class-II gazetted post they were enjoying pay scale of Rs. 720 - 1470/-. By the Manipur Services (Revised Pay) Rules, 1990, framed under Article 309 of the Constitution, (hereinafter referred to as 'ROP, 1990') the pay scales of different employees working under the Government of Manipur were revised and under the said ROP, 1990, the pay of Stenographers Grade-I was revised from 720 - 1470/- to 1400 - 2300/- and by Office Memorandum dated 21.11.90 issued by the Government of Manipur, Finance Department, it was indicated that all posts attached with pay scale from 825-1200/- to 1400-2600/- would be classified as Group-C (Class-Ill) posts. Aggrieved by the scale of pay given to Stenographer Grade-I by the said R.O.P., 1990 and by reduction of status from Class- II gazetted post to class II post, the petitioners have filed the present Civil Rule for appropriate relief.

(3.) At the hearing of the Civil Rule, Mr. H. Nabakumar Singh, learned counsel appearing for the petitioners, submitted that since the Stenographers Grade-I working under the Manipur Secretariat were enjoying the benefits of the status of Class-II gazetted post since the year 1983, the State Government cannot take away the said benefits which have accrued to Stenographers Grade-I. He further argued that before the R.O.P., 1990, there were several other employees working under the Government of Manipur who were classed as gazetted employees and were given the status of Class-II posts, but these employees continued to enjoy the said status of gazetted and Class n posts even after the R.O.P., 1990. In this context, he referred to the employee s named in paragraph-11 of the writ petition, namely, Technical Officer, Food & Civil Supplies, Godown Superintendent, Food & Civil Supplies, Dietician, Family Welfare Department, Ranger, Forest Department, Inspector of Police, Inspector, Motor Vehicle Department, Inspector (Vigilance) and the Assistant Employment Officer. Although Mr. Singh did not make any specific challenge at the time of hearing of the writ petition to the pay scale given to stenographers Grade-I under the R.O.P., 1990, in paragraph-15 of the writ petition, it has been stated that while the Stenographers Grade-I have been given the pay scale of only Rs. 1400 - 2300/- various other employees who are enjoying the pay scale of Rs. 720 -1400/- and the status of Class-II gazetted officers prior to R.O.P., 1990, have been allowed a new pay scale of Rs 1600- 2660/-. According to Mr. H. Nabakumar Singh, the Stenographers Grade-I working in the Manipur Secretariat have suffered discrimination and their rights under Articles 14 and 16 of the Constitution have been violated by R.O.P., 1990 and the Office Memorandum dated 21.11.90 issued by the Government of Manipur, Finance Department.