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M. V. MURALIDARAN
Md. Abdul Helim Khan – Appellant
Versus
State of Manipur – Respondent
JUDGMENT
1. This writ petition has been filed by the petitioner to quash the impugned order dated 15.7.2921 issued by the Commissioner, Higher and Technical Education, Government of Manipur and to direct the respondents to release the entitled payment of arrear with effect from 27.12.2007 i.e. the date of completion of two refresher course till retirement i.e. 1.2.2017 without any undue delay.
2. Brief facts, which led to the filing of the writ petition, are as follows:
The petitioner was selected and posted as adhoc Lecturer in English at Y.K. College, Wangjing and he was placed in the senior scale of pay with effect from 24.8.1989. During the year 2008, the Principal of Lamka College, Churachandpur submitted a self-appraisal report along with documents for placement at higher grade in respect of two senior Lecturers, including the petitioner. It is averred that on 31.3.2010, the Additional Director (University and Higher Education) wrote a letter to the Commissioner (Higher Education), Government of Manipur whereby the performance appraisal and ACR for the year 1989-90 to 1993-94 along with certificates for attending two refresher courses in respect of the petitioner for placing in
The main legal point established is the entitlement of the petitioner to arrears from the correct date of completion of refresher courses as per UGC Regulations, 2000, and the finality of court order....
Point of Law : Term “are exempted” used in the notification itself suggest that the benefits thereof would be applicable to the incumbents with requisite M.Phil degree serving as Lecturers though wit....
The cancellation of a senior scale and selection grade after significant delay and without prior communication of adverse remarks violates principles of natural justice.
Point of Law : Where range of discretion with authorities have been cut down to such an extent that only one decision is possible, Court may specifically direct authority to act in a particular manne....
The court affirmed that administrative actions must be taken within a reasonable time frame, and the cancellation of a long-standing appointment based on flawed reasoning is unjustified.
The denial of UGC scale of pay from the date of regularization based on unjust conditions is discriminatory, violating equal treatment under Article 14.
Administrative orders affecting service rights must be speaking, addressing claimant's specific grounds and affording hearing before rejection.
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