Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Manipur) 58

IN THE HIGH COURT OF MANIPUR AT IMPHAL
M.V. Muralidaran, J.
Shri Aheibam Romel Singh - Appellant
Versus
The State Of Manipur & Ors. - Respondents
WP(c) No. 733 of 2018
Decided On : 13-01-2021

Advocates appeared:
Mr. Kh. Tarunkumar, Advocate, for the Appellant; Mr. H. Devendra, G.A., Mr. Lenin Hijam, Dr.R.K. Deepak, Advocate, for the Respondent

IMPORTANT POINT
The main legal point established in the judgment is that the petitioner was entitled to the revised pay scale for the post of Principal, DIET and the court directed the respondents to revise the pay scale notionally from the date of publication of the Recruitment Rules for the post of Principal, DIET.

Headnote:
Principal DIET Revision of Pay - Administrative Law - Manipur Services (Revised Pay) Rules, 1999, Manipur Services (Revised Pay) Rules, 2010 - The court allowed the writ petition and directed the respondents to revise the pay scale for the post of Principal, DIET at the scale of Pay of Rs. 15600-39100+GP 6600 under ROP, 2010 and its corresponding Pay Scale under ROP, 1999 notionally w.e.f. the publication of the Recruitment Rules for the post of Principal, DIET Department of SCERT, Manipur i.e. 29.11.2008 with cash payment w.e.f. 23.01.2016.
Fact of the Case:
The petitioner challenged the Government order dated 3.1.2016 regarding the revision of pay for the post of Principal, District Institute of Education and Training (DIET) and sought a direction to revise the pay from the date of publication of the Recruitment Rules for the post of Principal, DIET on 29.11.2008 or from the date of his promotion to the post of Principal, DIET on 18.1.2014.
Finding of the Court:
The court found that the delay in revising the pay scale for the post of Principal, DIET placed the petitioner at a disadvantageous position and allowed the writ petition, directing the respondents to revise the pay scale for the post of Principal, DIET.
Issues: The main issue was the delay in revising the pay scale for the post of Principal, DIET and the petitioner's entitlement to the revised pay scale.
Ratio Decidendi: The court held that the petitioner was entitled to the revised pay scale for the post of Principal, DIET and directed the respondents to revise the pay scale notionally from the date of publication of the Recruitment Rules for the post of Principal, DIET.
Final Decision: The court allowed the writ petition and directed the respondents to revise the pay scale for the post of Principal, DIET at the scale of Pay of Rs. 15600-39100+GP 6600 under ROP, 2010 and its corresponding Pay Scale under ROP, 1999 notionally w.e.f. the publication of the Recruitment Rules for the post of Principal, DIET Department of SCERT, Manipur i.e. 29.11.2008 with cash payment w.e.f. 23.01.2016.

JUDGMENT

M.V. Muralidaran, J. - The petitioner has filed the writ petition challenging the Government order dated 3.1.2016 so far fixation of the revision of pay for the post of Principal, District Institute of Education and Training (the scale of pay of Rs. 15600-39100+GP6600/- with effect from 23.1.2016 and quash the same. The petitioner also prayed for a direction on the respondents to revise the pay of Rs. 15600-39100+GP6600 with effect from the publication of the Recruitment Rules for the post of Principal, DIET, Department of SCERT, Manipur i.e. on 29.11 2008 or from the date of promotion of the petitioner to the post of Principal, DIET on 18.1.2014 within a stipulated period.

2. The case of the petitioner is that at present he is serving as Principal, DIET in the Department of SCERT, Manipur and the scale of pay attached to the post of Principal, DIET was equal with the scale of pay for the post of Principal of the Government Higher Secondary School in various revision of pay like revision of pay 1966, 1975, 1982, 1990. However, without giving any justifiable reason, in the revision of pay 1999, the scale of pay to the post of Principal, DIET was revised at the scale of pay of Rs.8000-13500 and whereas the scale of pay to the post of Principal, Higher Secondary School was revised at a higher scale of pay of Rs.10000-15200 though the qualification prescribed for the post of Principal, DIET is higher than the qualification prescribed for the post of Principal of the Government Higher Secondary School. Functions and duties of the post of Principal, DIET is also more onerous than the Principal of Government Higher Secondary School.

3. Further case of the petitioner is that in the State of Nagaland where the pattern and norms of NCTE is followed like in the State of Manipur, the pay scale for the post of Principal, DIET has been revised at the scale of pay of Rs.15600-39100+GP7600 which is equivalent with the scale of pay attached to the post of Joint Director of School Education.

4. It is averred that in the year 1988, the Ministry of Human Resources Development (Department of Education), Government of India, recommended to create the post of Principal, DIET in the corresponding pay scale at par with the Deputy Directors of the State Education Department. In the State of Manipur, as a policy, all the post of Deputy Directors in the School Education Department have already been re-designated as Joint Director.

5. The petitioner along with other incumbents have already submitted representations to the respondent authorities to rectify the pay anomaly for the post of Principal, DIET and requested torevisethe scale of pay for the post of Principal, DIET at par with the pay scale of Joint Director (SCERT)/Principal of the Government Higher Secondary Schools. The Director, SCERT also forwarded the claim of the petitioner by highlighting a clear picture of the anomaly qua the pay scale for the post of Principal, DIET in comparison with the pay scale of the Principal, Government Higher Secondary Schools.

6. It is further averred that the scale of pay for the post of Principal, DIET in the Department of SCERT, Government of Manipur was revised belatedly at the scale of pay of Rs.15600-39100+GP6600 with effect from 23.1.2016 which is at par with the scale of pay for the post of Principal of the Government Higher Secondary Schools/Joint Director of SCERT. Because of the revision of scale of pay for the post of Principal, DIET with effect from 23.1.2016, the petitioner has been placed at a very disadvantageous position in comparing with his counterpart whenever any DPC is held for promotion to the post of Director, SCERT.

7. In the recruitment rules for the post of Director, it is mentioned that the insertion of Principal, DIET in the feeder list shall be taken effective from the date of prescription of identical pay scale with Joint Director (NFE), A Joint Director FD(PIC) which is approved by the State Cabinet. Whenever any DPC is held for