STATE OF MANIPUR Vs. LAISHRAM AMUSANA SINGH

JUDGEMENT

(1.) HEARD Mr. Asok Potsangbam, learned Advocate General, Manipur appearing on behalf of the appellants and Mr. R. K. Nokulsana, learned senior counsel appearing on behalf of the principal respondents.

(2.) THIS appeal is directed against the judgment and order dated 29.6.2005 passed by a Single Judge of this Bench in W.P.(C) No. 405 of 2004. In the said writ petition, the prayer of the present principal respondents (the writ petitioners), who are lecturers (27 in Nos.) of 5 (five) Government Aided Colleges namely, (1) Thambal Marik College, (2) Liberal College, (3) Kakching Khunou College, (4) Biramangol College and (5) Standard College at the relevant time, is mainly for directing the present appellants (the respondents No. 1 and 2 in the writ petition) and the present proforma respondents (the respondents No. 3 to 9 in the writ petition) to pay the UGC scale of pay given to the lecturers of Government Colleges to them also with effect from 1.9.2000 as the same is given to some of their fellow lecturers serving in the Government Aided Colleges. According to the writ petitioners, since the above said colleges, where they have been serving as lecturers, are Government Aided Colleges, having all the requisite qualifications for being Government Aided Colleges under the provisions of the Manipur Education Code, 1982 and since they have been employed in the said colleges for providing adequate number of qualified teaching staff as per staffing patterns and other infrastructural requirements prescribed in the relevant ordinance of the Manipur University to which the said colleges are affiliated as well as relevant provisions of the Manipur Education Code, 1982, having regards to all the relevant considerations, including their seniority positions and their appointments as lecturers of the said colleges with approval of the Government as envisaged under the relevant provisions of the Manipur Education Code, 1982, the concerned authorities ought to have included them (the writ petitioners) in the respective list of the approved lecturers of the concerned colleges and thereby they (the writ petitioners) should have been allowed to get the UGC scale of pay as already allowed to the approved lecturers of the said colleges with effect from 1.9.2000. The writ petitioners' case, in effect, is that the concerned authorities have acted unreasonably, unfairly and unjustly by not including their names in the respective list of approved lecturers of the said colleges arbitrarily and thereby they have been deprived of the benefits of the UGC scale of pay given to the approved teachers of the said colleges.

(3.) THREE of the present proforma respondents being Nos. 28, 29 and 30, who are respondents No. 3, 4 and 5 respectively in the writ petition, filed their respective counter-affidavits supporting the writ petitioners' case indirectly.