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Judgment
Heard Shri M. Hemchandra, the learned Sr. Advocate appearing for the petitioner and Shri K. Jagat, the learned Government Advocate appearing for the respondents.
By the instant writ petition, the petitioner has prayed for issuing an appropriate writ, direction or order directing the respondents to release his entitled and unpaid due salaries / pay and allowances from 01-09-2013 till date for the service rendered by the petitioner.
According to the petitioner, he was initially appointed as a Primary Teacher on regular basis vide order dated 16-09-1978 issued by the Chief Executive Officer, Tengnoupal Autonomous District Council, Chandel and was posted at Larong Govt. L.P. School and after having served for more than five years, the service of the petitioner was utilized at the Office of the District Education Officer, Chandel vide order dated 24-06-1994 issued by the District Education Officer, Chandel, Government of Manipur.
After having served for more than 19 (nineteen) years at the office of the Zonal Education Officer, Chandel, the petitioner was transferred and posted at Pudunamei Junior High School, Senapati District with immediate effect vide order dated 20-04-2013 issued by the Deputy Secretary (Edn./S), Government of Manipur and being aggrieved by the said transfer order, the petitioner submitted a representation dated 02-05-2013 praying for cancellation of the said transfer order on the grounds mentioned therein. Since the said representation was not considered and disposed of, the petitioner filed a writ petition being WP(C) No. 341 of 2013 which was disposed of on 17-05-2013 with a direction to consider and dispose of the said representation within a period of one month. In a purported compliance with the said order, the Principal Secretary (Edn./S), Govt. of Manipur issued an order dated 06-08-2013 by which the earlier orders dated 24-06-1994 and 20-04-2013 were cancelled and the petitioner was reverted to the original place of posting at Larong L.P. School. Being aggrieved by the said order dated 06-08-2013, the petitioner filed another writ petition being WP(C) No. 666 of 2013 challenging it but the same was withdrawn with a liberty to file a fresh petition and in the meantime, the Deputy Secretary (Edn./S), Govt. of Manipur issued a letter dated 17-12-2013 by which the petitioner was reverted back to his parent department, Autonomous District Council, Chandel and in continuation of the said letter, an order dated 17-12-2013 was issued by the Principal Secretary (Edn./S), Govt. of Manipur. Being aggrieved by the said order dated 17-12-2013 issued by the Principal Secretary, Education (S), Government of Manipur, the petitioner filed another writ petition being WP(C) No. 26 of 2014 and during the course of hearing, the learned Government Advocate produced a letter dated 20-06-2016 wherein it has been stated that the Cabinet had already taken a decision to absorb 120 (one hundred and twenty) District Council Teachers including the petitioner whose service had been utilized in the Education (S) Department, Manipur and in view of the said submission of the learned Government Advocate, the writ petition was disposed of. In order to implement the said decision of the Cabinet, the Deputy Secretary (Edn../S), Government of Manipur issued a letter dated 19-07-2016 stating therein that the Finance Department (PIC), Government of Manipur desired to obtain details as regards the categories of post, availability of vacancies and pay scale with EIN/ MGEL, etc. Thereafter, on 11-05-2017 the Director of Education (S), Government of Manipur issued an order absorbing the services of 121 (one hundred and twenty one) teachers of Autonomous District Council with effect from the date of the school being taken over by the Government/ up-gradation of the School/ Amalgamation of the School/ Transfer & Posting of the Teachers with the concurrence of the Finance Department vide U.O. No. 15/2017-2018/FD(PIC) dated 11-05-2017. The petitioner was paid his salaries upto 31-08-2013 in the scale of pay of Rs. 9300-34800 + Grade Pay of Rs. 3200/- P.M. as is evident from the last pay certificate issued by the Deputy Inspector of Schools/ DDO, Chandel but he was not paid his entitled salaries/ pay and allowances since 01-09-2013 thereby causing financial hardship to him and his family. Being aggrieved by the inaction on the part of the respondents which is highly unreasonable, arbitrary and illegal, the instant writ petition has been filed by the petitioner.
Despite number of opportunities being given to the respondents, no counter affidavit was filed on their behalf and since the averments made in the petition have not been denied, the same will be deemed to have been admitted by them in terms of a catena of decisions rendered by the Hon''ble Supreme Court.
From the materials on record, it is seen that although the petitioner was initially appointed as a Teacher (Pandit) by the Chief Executive Officer, Tengnoupal Autonomous District Council, Chandel, his service was utilised at the office of the District Education Officer, Chandel for several years and thereafter, pursuant to a decision taken by the State Government, his service came to be absorbed in the Education (S) Department, Govt. of Manipur from the day the school being taken over/ up-gradation of schools/ amalgamation of the school vide order dated 11-05-2017. As has been stated hereinabove, these facts have not been denied by the respondents and therefore, the only conclusion that can be arrived, is that the petitioner has become the employee of the State Government and is entitled to the salary being given to a similarly situated employee of the State Government. The grievance of the petitioner is that he has not been paid his due salaries/ pay and allowances from 01-09-2013 till date and since the averments made in the petition have not been denied by the respondents, this court has no option but to allow the petition in the facts and circumstances of the present case.
For the reasons stated hereinabove, the instant writ petition is allowed with the direction that the respondents shall release the entitled & unpaid due salaries/ pay & allowances from 01-09-2013 till date for the service rendered by the petitioner within sixty days from the date of receipt of a copy of this judgment and order. There shall be no order as to costs.