W.P. (C) No. 689 of 2015. Case: Kh. Meiteileima Chanu Vs The State of Manipur and Ors.. Manipur High Court

Case Number:W.P. (C) No. 689 of 2015
Party Name:Kh. Meiteileima Chanu Vs The State of Manipur and Ors.
Counsel:For Appellant: Ng. Jotindra, Advocate and For Respondents: L. Monomala, Govt. Advocate and L. Raju, Advocate
Judges:Kh. Nobin Singh, J.
Issue:Service Law
Judgement Date:February 06, 2017
Court:Manipur High Court
 
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Judgment:

Kh. Nobin Singh, J.

  1. Heard Shri Ng. Jotindra, the learned counsel appearing for the petitioner; Ms. L. Monomala, the learned Government Advocate appearing for the State respondents and Shri L. Raju, the learned counsel appearing for the respondent No. 3.

  2. The instant writ petition has been filed by the petitioner praying for quashing the impugned order dated 28-04-2014 issued by the Under Secretary (Fishery), Government of Manipur. The other prayer made in the writ petition is to direct the respondents to pay the petitioner her pay and allowances as Research Assistant in the Department of Fisheries, Government of Manipur for the period from 01-10-2001 to 23-09-2005.

    3.1 According to the petitioner, she was initially appointed as ad-hoc Research Assistant in the Department of Fisheries vide order dated 07-01-1999 issued by the Director of Fisheries, Manipur for a period of three months and her ad-hoc service was extended from time to time. Apprehending that her ad-hoc service might be terminated by the State respondents, the petitioner along with two others filed a writ petition being W.P. (C) No. 1480 of 2000 which was disposed of by the then Hon'ble Gauhati High Court vide its order dated 14-11-2000 with the direction that the respondents therein should allow the petitioners including the present petitioner to continue in their service as ad-hoc Fishery Inspector/Research Assistant till the post held by them were filled up on regular basis. Accordingly, the Director of Fisheries, Government of Manipur addressed a letter dated 15-07-2005 to the Secretary (Fishery), Government of Manipur for extension of ad-hoc service of the petitioner and a certificate dated 22-03-2006 was also issued by the Project Officer, Fishery Research Centre, Khundrakpam, Manipur certifying that the petitioner was still working as the Research Assistant ever since 07-01-1999 and her pay and allowances had not been paid w.e.f. 01-10-2001 due to non-extension of her ad-hoc service. On 13-09-2006, the Director of Fisheries, Government of Manipur addressed a letter to the Commissioner (Fishery), Government of Manipur in respect of financial involvement for the payment of the arrear of pay and allowances of the ad-hoc employees amounting to Rs. 46 lakhs. A chart of financial involvement in respect of the ad-hoc employees was also enclosed wherein the petitioner's name figured at Sl. No. 5. In a purported compliance of the court's order dated 14-11-2000, the Deputy Secretary (Fishery), Government of Manipur issued a letter dated 27-12-2006 conveying the approval of the Government to the extension of the ad-hoc service of the petitioner as Research Assistant for a period of six months w.e.f. 24-09-2005. On 21-08-2007, the Director of Fisheries, Government of Manipur addressed a letter to the Employment Exchange Officer requesting him to sponsor the names of the ad-hoc employees including that of the petitioner. However, the respondents did not pay her pay and allowances as Research Assistant w.e.f. 01-10-2001 till 23-09-2005 despite repeated request being made by her. Being aggrieved by the inaction on the part of the respondents, the petitioner approached the Hon'ble Gauhati High Court by way of a writ petition being W.P. (C) No. 139 of 2009 which was disposed of on 14-09-2011 directing...

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