State of Manipur vs Surjakumar Okram

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 58

B. R. GAVAI, B. V. NAGARATHNA, L. NAGESWARA RAO
State of Manipur – Appellant
Versus
Surjakumar Okram – Respondent

Advocates appeared:
For the Petitioner(s): Mr.Hijam Lenin Singh, AAG Mr.Abdulrahiman Tamboli Adv Mr. Anish R. Shah, AOR Mr. Rahul Joshi, AOR
For the Respondent(s): Mr. Narender Hooda Sr. Adv. Mr. Shivendra Dwivedi Adv. Mr. Rajesh Mahale, AOR

JUDGMENT :

L. NAGESWARA RAO, J.

Leave granted.

1. The Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provisions) Act, 2012 (Manipur Act No. 10 of 2012) (hereinafter referred to as the “2012 Act”) was enacted by the Legislature of Manipur to provide for appointment, salary and allowances of Parliamentary Secretaries in Manipur. Section 3 read with Section 4 thereof, enabled the Chief Minister to appoint a member of the Manipur Legislative Assembly as a Parliamentary Secretary, who shall have the rank and status of a Minister of State. Section 7 of the 2012 Act stipulated that a Parliamentary Secretary shall be entitled to such salary and allowances as are admissible to a Minister of State under the Manipur Parliamentary Secretary (Salary and Allowances) Act, 1972. Appellants in Civil Appeals arising out of SLP (C) Nos. 2386-2390 of 2021 were appointed as Parliamentary Secretaries in 2017.

2. The Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2004 (hereinafter referred to as the “Assam Act, 2004” ), which had provisions similar to that of the 2012 Act, was the subject matter of challenge before

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2022 Supreme(SC) 58

B. R. GAVAI, B. V. NAGARATHNA, L. NAGESWARA RAOState of Manipur – AppellantVersusSurjakumar Okram – Respondent

B. R. GAVAI, B. V. NAGARATHNA, L. NAGESWARA RAO
State of Manipur – Appellant
Versus
Surjakumar Okram – Respondent