Writ Petition No. 118 of 2011. Case: Thounaojam Manglem Singh and Ors. Vs The State of Manipur and Ors.. Manipur High Court

Case Number:Writ Petition No. 118 of 2011
Party Name:Thounaojam Manglem Singh and Ors. Vs The State of Manipur and Ors.
Counsel:For Appellant: H.S. Paonam, Senior Advocate and Gunabanta, Advocate and For Respondents: K. Jagat, Government Advocate
Judges:S. Serto, J.
Issue:Service Law
Judgement Date:April 14, 2016
Court:Manipur High Court
 
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Judgment:

S. Serto, J.

1. Heard Mr. H.S. Paonam, learned senior counsel appearing for the petitioners and also heard Mr. K. Jagat, learned Government Advocate appearing for the respondents.

2. There are two petitioners in this case. Since their grievances are similar, they have filed the petition jointly. From the writ petition and submission of the learned counsel for the petitioners, the case of the petitioners is as follows.

3. The petitioner No. 1, Mr. Thounaojam Manglem Singh and petitioner No. 2, Mr. Rungkham Ngoruh, were initially appointed in the United College at Chandel as Lecturers vide order No. 1/3/UCC-82 dated 30.03.1985 issued by the Vice-Chairman, Governing Body United College, Chandel and vide order No. 1/UCC-Appt/Vol. No. - I/81 dated 01.09.1983 issued by the Chairman, United College, Chandel respectively before the College was taken over by the State Government. When the college was taken over by the State Government they were absorbed into Government service w.e.f. 01.06.1996 vide Government order No. 1/20/85-S/SE (Pt.) dated 5th November, 1996 issued by Education Department, Government of Manipur but subject to the condition that their final absorption into their respective Grades would be made in accordance with the recommendation of the Manipur Public Service Commission (MPSC) pertaining to the suitability of their appointment, service conditions and inter-se seniority in the concerned Grade. Absorption of the petitioners was also made subject to the following terms and conditions:--

(i) They should obtain M. Phil. Degree or an equivalent degree within 3 years;

(ii) They will not be entitled to the subsequent increment of the pay unless they obtain the degree as mentioned at (i) above.

The petitioners however, could not, obtain the M. Phil degree or an equivalent degree within the 3 (three) years' time given in the Government order mentioned above. Therefore, as a follow up action to the above stated order, the Government of Manipur through the Memorandum No. 1/20/85-S/SE(Pt.2)dated 9th December, 2003 called for written explanations from the petitioners to explain the reason(s) for failing to obtain the M. Phil degree or an equivalent degree within the time frame given, within 1 (one) month. The petitioners gave their explanations before the authorities as they were required to do so and they were allowed to continue in service. Realising the need for having the M. Phil. Degree in their concerned subjects for enjoying the normal increment as per the order mentioned above, the petitioners obtained M. Phil. Degree from Vinayaka Missions University at Salem, Tamil Nadu on 10.07.2009. Soon after they have acquired their M. Phil. Degree, they submitted a representation each on 25th November, 2009 requesting for normal increment in their pay. Their representation was forwarded by the Principal of the United College to the Director of Education (University and Higher Education), Government of Manipur and the office of the Director recommended their case to the Commissioner(University and Higher Education), Government of Manipur. But in spite of the recommendation of the College Principal and office of the Director Education (University and Higher Education), the respondents have not allowed them to enjoy increment in their pay. This act of omission or commission amounts to violation of the terms and conditions given in the said Order and Memorandum issued by the Department of Education, Government of Manipur. Besides, the petitioners have been in Government service for the last more than...

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