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Judgment
Ramalingam Sudhakar, CJ
On 04.9.2019, the following order was passed:-
"[4] A perusal of the orders passed by this Court under the provisions of Section 4 of the Juvenile Justice (Care & Protection of Children) Act, 2015 (Act No.2 of 2015), nowhere provides for temporary posts for 4(four) Principal Magistrates, JJB. This is not in consonance with the provisions of the Act and the direction issued by this Court as above.
The Law Secretary also points out certain errors in the order that has been passed. Of course, such order could be corrected and therefore, we direct the learned Advocate General to seek the presence of Secretary (Law) and the Secretary (Social Welfare) Department to conclude the issue. Pursuant to directions of this Court, Secretary (Law) and the Secretary (Social Welfare) Department were present to assist the learned AG. It was informed to the two officers that the question of creating temporary posts does not arise on a reading of the Section 4 of the JJB Act, 2015. On the contrary, it should be Principal Magistrate, JJB to be manned by MJS Grade-III and post should be a regular post. The incumbent officer can be on temporary basis till he is absorbed in the said post on confirmation. The Government order designating the Principal Magistrate, JJB as a temporary basis is in violation of the Act and the direction of this Court. However, both the officers seek time to rectify the defects in the order. Secretary (Law) also points out certain errors created, and should also include the same in the MJS Rules after amendment. That has to be done by the Law Department. An indication to that effect should be found in the proceedings of the Department of Social Welfare so that these new posts created will form a part of the MJS and their service conditions will also be regulated under the MJS Rules.
[5] We accept such statement of the Law Secretary and direct the Social Welfare Department to make correction primarily in relation to the creation of permanent post of Principal Magistrate, JJB to be manned by the MJS Grade-III. Further suitable indication should be given for inclusion of these posts in the MJS Rules for service benefits to the newly created posts.
[6] Similarly, all the staff post connected to the JJB will be a permanent post, but their appointment will be temporary subject to confirmation . Needless to say that without these requisite staff, the JJB cannot function at all. Therefore, it becomes essential that all the posts should be permanent post and the people who are appointed will be on probation and subject to confirmation by following the relevant service rules. In other words, the recruitment rules to these posts including that of the Principal Magistrate, JJB shall be the same as the procedure followed in regard to other staffs of the District Courts.
[7] We make it clear that the Government should issue a corrigendum to order dated 30.8.2019 on or before 18.9.2019 so as to avoid any sort of confusion."
Thereafter, the matter was adjourned to 25.9.2019 and listed today. Learned Advocate General produces a copy of the new order dated 25th September, 2019 and the order reads as follows:-
"GOVERNMENT OF MANIPUR
SECRETARIATE: SOCIAL WELFARE DEPARTMENT
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ORDERS BY THE GOVERNOR: MANIPUR
Imphal, the 25th September, 2019
No. 19/9/2017-S (SW)Pt : In supersession of all the previous orders in this regard, the Governor of Manipur is pleased to accord sanction to the creation of the following 4(four) temporary posts of Principal Magistrate, JJB for holding the charge of Juvenile Justice Boards along with 64(sixty four) posts of support staffs under Social Welfare Department, Manipur in the scale of pay of salary indicated against each post.
Sl. No.
Name of Post
No. of post/staff for 1(one) JJB
No. of post/staff for 4(Four) JJB
Scale of Pay Band plus Grade Pay under RoP-2010/2019
1
Principal Magistrates (to be manned by MJS Grade-III)
1(one)
4(four)
Rs. 27700-770-33090- 920-40450-1080-44770
2
Asst. Private Secretary
1(one)
4(four)
Rs. 9300-4800+4300(G.P)
3
Stenographer Grade-III
1(one)
4(four)
Rs.5200-20200+2400(G.P)
4
U.D.A
1(one)
4(four)
Rs. 5200-20200+2400(G.P)
5
L.D.A
4(four)
16(sixteen)
Rs. 5200-20200+2000(G.P
6
Driver
1(one)
4(four)
Rs. 5200-20200+1900(G.P)
7
Process Server
1(one)
4(four)
Rs. 5200-20200+1800(G.P)
8
Peon
5(five)
20(twenty)
Rs. 4400-7440+ 1300(G.P.)
9
Sweeper
1(one)
4(four)
Rs. 4400-7440+ 1300(G.P.)
10
Chowkidar
1(one)
4(four)
Rs. 4400-7440+ 1300(G.P.)
Total
17(seventeen)
68 (sixty eight)
In respect of the post at Sl.No.1, the Law Department shall take necessary steps in consultation with DP for encadrement of the MJS Grade-III post in the relevant rules of MJS Rules, 2005 by necessary amendments.
This is issued in pursuance of Cabinet decision taken on 21/08/2019 and with the concurrence of Finance Department (PIC), Government of Manipur vide their U.O. No. 107/2019-2020-FD(PIC) dated 27/08/2019 along with the approval of DP vide U.O. No. 20/2019-2020/DP dated 30/08/2019 . And further, with concurrence with Finance department (PIC), Government of Manipur vide their note No.43 dated 23.9.2019 in file No.19/9/2017-S(SW) Pt.
By orders & in the name of Governor,
Sd/-
(Gangmei Ganguilu)
Deputy Secretary (SW)
Government of Manipur"
We record the proceeding and direct the Registrar General, High Court of Manipur to co-ordinate with the Law Department, Government of Manipur for encadrement that post of JJB in the MJS Grade-III and to take steps to appoint the Principal Magistrate, JJB based on the advertisement already issued pursuant to the order of this Court.
For considering other issues, the PIL stands adjourned to 27.11.2019.