2022 Supreme(Manipur) 185

IN THE HIGH COURT OF MANIPUR AT IMPHAL
Ahanthem Bimol Singh, J.
Oinam Manisana Singh & Ors. - Appellants
Versus
State Of Manipur & Anr. - Respondents
WP (C) No. 137 of 2018
Decided On : 07-02-2022

IMPORTANT POINT
The court emphasized that the condition imposed by the Finance Department for absorption of the petitioners in Government services was arbitrary and legally unsustainable, and that the respondents had acted arbitrarily and treated the petitioners discriminatorily by refusing to absorb their services with effect from the date of their appointment as approved Teachers.

Headnote:

Pensionary Benefits - Government Aided High Schools - Manipur Civil Services (Appointment and other service conditions of employees of Government Aided/Private Institutions taken over by the Government) Rules, 1981 - The court quashed and set aside the impugned order dated 07.11.2017 and directed the respondents to consider the cases of the petitioners for absorption in Government service with effect from the date on which they have been approved by the Department of Education (S) as approved Teachers in their respective erstwhile aided high schools. The whole exercise should be completed within a period of 3 (three) months from the date of receipt of a copy of this order.

Fact of the Case:

The petitioners, who were appointed as Graduate Teachers and LDCs in Government Aided High Schools, sought to have their uninterrupted services counted as qualifying services for pensionary benefits upon the conversion of their aided schools to Government Schools. The Finance Department imposed a condition that the absorption of the approved employees would be with effect from the date of the issue of the order by the Administrative Department.

Finding of the Court:

The court found that the condition imposed by the Finance Department was arbitrary and legally unsustainable as it was not supported by any reason. The court also found that the respondents had acted arbitrarily and treated the petitioners discriminatorily by refusing to absorb their services with effect from the date of their appointment as approved Teachers.

Issues: The main issue was whether the petitioners' services as approved Teachers/LDCs should be counted as qualifying services for pensionary benefits upon the conversion of their aided schools to Government Schools.

Ratio Decidendi: The court held that the condition imposed by the Finance Department for absorption of the petitioners in Government services was arbitrary and legally unsustainable. The court also found that the respondents had acted arbitrarily and treated the petitioners discriminatorily by refusing to absorb their services with effect from the date of their appointment as approved Teachers.

Final Decision: The court quashed and set aside the impugned order dated 07.11.2017 and directed the respondents to consider the cases of the petitioners for absorption in Government service with effect from the date on which they have been approved by the Department of Education (S) as approved Teachers in their respective erstwhile aided high schools. The whole exercise should be completed within a period of 3 (three) months from the date of receipt of a copy of this order.