Keisam Chinglenkhomba vs State Of Manipur on 2 June, 2022

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Manipur High Court

Keisam Chinglenkhomba vs State Of Manipur on 2 June, 2022

Bench: Lanusungkum Jamir

                                                                 Item No.36

                 IN THE HIGH COURT OF MANIPUR
                           AT IMPHAL

                          W.P(C) No. 814 of 2018

  Keisam Chinglenkhomba
                                                ....Petitioner
            -Versus-

  State of Manipur
                                                ....Respondents

BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR Order 02.06.2022 Heard Mr. HS. Paonam, learned senior counsel for the petitioner. Also heard Mr. H. Debendra, learned G.A. for the State respondents.

The petitioner has filed the present writ petition with the following prayer:

"ii) Issue a writ of mandamus or any other writ or direction of the like nature directing the respondents to prescribe pay scale and grade pay to the post of Lecturer of Higher Secondary Schools corresponding to the status of Class - I Officer or in the alternative remove the division in the AGP of Rs. 480 prescribed for the post so as to maintain class - I status of the post."

Counter affidavit has been filed by the respondent No. 2/The Principal Secretary (Finance), Government of Manipur and the relevant portions are extracted hereinbelow:

"4. That, with reference to para No. 7 of the Writ Petition, it is humbly submitted that under the Manipur Services (Revised Pay) Rules, 2010, the classification WP(C) No. 814 of 2018 Page 1 of posts is made on the basis of Grade Pay as notified vide Order No. 19/3/2010-FD(PIC) dated 05.05.2010 and Grade Pay of Rs. 4400/- and above are classified as Group-A. The pay scale of Rs. 9300-34800 + Grade Pay 4400/- prescribed for the post of Lecturer of Higher Secondary School under ROP, 2010 belong to Group-A. However, in the revision of pay scale issued by the Administrative Department of Schools Education vide Order dated 03.06.2011, the pay scale of teachers including Lecturer of Higher Secondary School were revised in the AGP structure. For the post of Lecturer of Higher Secondary School, the revised pay scale prescribed was Rs. 9300-34800 + AGP 4400/- which includes GP Rs. 4000 + Academic Allowance Rs. 800/-. Classification of Posts notified on 05.05.2010 do not cover AGP structure, as such, the Administrative Department of Schools Education was requested on 09.09.2015 in File No. 8/12/2014-SE(S) to examine the matter and formulate a system to equal AGPs (Academic Grade Pays) against such GPs (Grade Pays) for all such posts, as may be deemed appropriate, for the purpose of Classification of Posts and calculation of pay and allowances in the Department and to submit a concrete proposal to Finance Department but till date no positive response is received. Accordingly, no final decision in this regard has been taken so far.

6. That, with reference to para Nos. 11 to 14 of the Writ Petition, it is humbly submitted that until and unless a concrete proposal is received from the Administrative Department of Schools Education, Finance Department cannot take any decision in respect of the claim of the petitioners."

When the matter is taken up today, Mr. H. Debendra, learned G.A., has produced a Letter dated 30.05.2022 written by the Joint Secretary (Education/S), Government of Manipur and addressed to the Deputy Secretary (FD/PIC), Government of Manipur and the same is also extracted hereinbelow:

WP(C) No. 814 of 2018 Page 2 "No. 12(HC)/102/2018-SE(S) Government of Manipur Secretariat: Education (S) Department Imphal, the 30th May, 2022.

To, The Deputy Secretary (FD/PIC), Government of Manipur.

Subject : WP(C) No. 814 of 2018

Keisham Chinglenkhomba & 305 Ors.

-vs-

The State of Manipur & Anr.

Sir, I am directed to refer to the letter No. 05/2022/AG(L)-HC/B 156 dated 23.05.2022 (copy enclosed) from the Jr. Adv to Advocate General, Manipur addressed to the Under Secretary (FD/PIC) also on the subject and to the state that file bearing No. 15/1/2016-SE(S) of this Department relating to rectification of ROP, 2019 in various posts has been referred to FD(PIC) on 06.12.2021 for views/comment/consideration on the matter and the same is yet to be returned to this department.

In view of the above, I am directed to request you to kindly expedite with the matter and furnish the decision, if any pertaining to the matter at the earliest.

This may kindly be treated as most urgent and time bound.

Encl: As stated above. Yours faithfully, (Hmangte Lerte Kom) Joint Secretary (Education/S), Government of Manipur "

After considering the statements made in the counter affidavit filed by the Finance Department as well as the Letter dated 30.05.2022 extracted hereinabove, it appears that the Administrative Department has already put up the proposal for rectification of ROP, WP(C) No. 814 of 2018 Page 3 2019 in various posts under the Education (S) Department and is awaiting the views/comment/consideration of the Finance Department (PIC), Government of Manipur.

In that view of the matter, the respondent No. 2/The Principal Secretary (Finance), Government of Manipur is directed to take an appropriate decision at the earliest but not later than 3 (three) months from the date of receipt of a copy of the order of this Court. Thereafter, the Administrative Department (Education/S), Government of Manipur shall pass appropriate orders within a period of one month.

With the above observations and directions, this writ petition is disposed of.

JUDGE joshua KH. JOSHUA Digitally signed by KH.

                      JOSHUA MARING

           MARING     Date: 2022.06.02
                      03:01:53 +05'30'




 WP(C) No. 814 of 2018                                                        Page 4

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