NONGTHOMBAM MANGOLJAO SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) In order to appreciate the scope of this matter now pending before the full court, the [HN/MKC] order dated 28.7.94 passed by the learned Judge may be quoted -

(2.) This matter now has been concluded by a decisions of the Apex Court rendered in Miss. A. Sundarambal V. Government of Goa, Daman & Diu and others reported in AIR 1988 SC 1700. In paragraph 10 of the judgment, the Supreme Court has laid down the law as follows :-

(3.) Accordingly in view of this position of law, the earlier Division Bench decision of this court stands overruled and the Craft Instructor or Instructress in the Basic Training Institute cannot be deemed to be workmen within the meaning of Rule 3(b) and the note thereof in the Manipur Services Laws (First Amendment) Rules 1976. They are bound to retire on completion of the age of 58 years and not on completion of 60 years. All the writ petitions are accordingly dismissed. Stay orders are vacated. In the meantime some of the writ petitioners have retired from service, others will retire at the completion of 58 years and they shall be given the retirement benefits considering them to have retired at the age of 58 years. But it is made clear that the salary which has been received by them because of the interim stay orders passed by this court, shall not be recovered by the authority.