M. RUPBAN SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Civil Rule No.857 of 1997 and Civil Rule No.927 of 1997 arise out of similar facts and involve common questions of law and hence are being disposed of by this common judgment and order.

(2.) I have heard Mr. Th. Modhu Singh, learned counsel appearing for the petitioners in both the Civil Rules as well as Mrs. Ch. Bidiyamani Devi. learned Addl. Govt. Advocate for the respondents in both the Civil Rules. I have also considered the records.

(3.) The petitioners' case in brief is that they were initially appointed as Headmaster/Asstt. Headmaster by the erstwhile Managing Committee/Governing Body of their respective Schools before their Schools were taken over by the Government of Manipur. Subsequently, the State Govt. took over 107 Schools and approved the petitioners' services w.e.f. the date they drew Govt. scale of pay under 90% deficit grants -in -aid Scheme for the purposes of pay promotion, pension, seniority and gratuity vide the State Govt. order dated 5.10.1979 (Annexure -A/3). The State Government also declared all the Principals and the Headmasters of the newly converted 107 High/Higher Secondary Schools as the Head of Office and Drawing and Disbursing Officer of their respective Schools with immediate effect vide order dated 12.9.1978 (Annexure -A/5). The petitioners except No. 4, 10 and 11 started to draw their salaries as Headmaster/Asstt. Headmaster with effect from 5.8.1978. that is, the date of their absorption into the Govt. service. Petitioner Nos. 4, 10 and 11 started drawing such salaries with effect from 1.1.73, that is, the date from which they started to draw the govt. scale of pay under 90% deficit system of grants -in -aid. The petitioners started to draw govt. scale of pay as aforesaid only after their service records had been thoroughly checked and verified by cm concerned Inspectors of Schools.