Non-reportable

IN THE HIGH COURT OF MANIPUR

AT IMPHAL

WP(C) No. 588 of 2021

Mangsatabam Nilabita Devi, aged about 64 years, W/o. Y. Bhogendra Singh, a resident of Kontha Khabam Mamang Leikai, P.O. Mantripukhri, P.S. Heingang, Imphal East District, Manipur

– 795002. Petitioner

…

- Versus -

1. The State of Manipur, represented by Principal Secretary/

Commissioner, Education (S), Government of Manipur, New Secretariat Building, P.O. & P.S. Imphal, Imphal West,

Manipur-795001.

2. The Principal Secretary/Commissioner (Finance),

Government of Manipur, New Secretariat Building, P.O. &

P.S. Imphal, Imphal West, Manipur-795001.

3. The Director of Education (S), Government of Manipur,

Lamphelpat, Imphal West-795001.

4. Principal Accountant General (A&E), Office of the Accountant

General, Imphal West, Manipur-795001.

s

…Respondent

B E F O R E

HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA

For the petitioner : Mr. L. Raju, Adv.

For the respondents : Mrs. Ch. Sundari, GA;

Mr. S Suresh, Adv.

Date of hearing : 27.05.2025 Date of judgment & order : 19.12.2025

JUDGMENT AND ORDER

[1] Heard Mr. L. Raju, learned counsel for the petitioner; Mrs. Ch. Sundari, learned Government Advocate for the State respondents; and Mr.

S. Suresh, learned counsel for the Principal Accountant General, Manipur. [2] The petitioner was initially appointed as substitute teacher in the pay scale of Rs. 240-390/- plus other allowances as admissible under rules vide order No. 2/30/70-ED(R)(1)(a) dated 30-11-1977 and posted at Tendongyan U.J.B. School, vice Y. Lukhoi Singh for Sr. Basic Training. Her service was regularized w.e.f. the date of joining duty vide order No. 2/5/77– ED(P)(x) dated 08-11-1978 issued by the Director of Education (S), Government of Manipur.

[3] In pursuance of Government approval to the promotion/ upgradation of undergraduate teachers in government Schools issued under their letter No. 4/2/87–SE(S) dated 09-01-1990, and after rendering 8 years of regular service as Assistant Undergraduate Teacher, her post was upgraded to Graduate Teacher vide order No. 46/2/87–ED(Jr) dated 27-03- 1992 in the pay scale of Rs. 1400–2300/- p.m. with D.A. and other allowances as admissible under rules with retrospective effect from 31-12- 1987 and abolish her corresponding undergraduate teacher post in the school.

[4] On the recommendation of the Zonal Education Officer, I.D. Zone- I’s Screening Committee in its meeting held on 20-12-1999, and as admissible vide Government’s Notification No. 2/6/5/91-SE(S) dated 09-08- 1991 and 29-08-1994, the petitioner was placed in Senior Scale of Graduate Teacher in the pay scale of Rs. 5500–9000/- w.e.f. 03-12-1999 vide order No. 2/4-1/97–ED(ZEO/Z-I)(IV) dated 31-12-1999.

[5] After commencement of Manipur Services (Revised Pay) Rules 2010, Government of Manipur issued order dated 03-06-2011, published in Gazette Notification No. 23 dated 14-09-2011 under Article 309 of the Constitution of India, revising the pay scales of various categories of regular teachers under the School Education Department. As per the said Notification, the pay scale of Graduate Teachers (Untrained) in the Senior Scale was fixed at Rs. 9300-34800/- + AGP Rs. 4100/-. Accordingly, the petitioner was allowed to enjoy the said Senior Scale till her retirement on superannuation.

[6] The petitioner retired from service as Science Graduate Teacher on attaining the age of superannuation w.e.f. 31-12-2016 vide order dated 24-07-2017. The petitioner was drawing pay in the scale of Rs. 9300– 34800/- + AGP Rs. 4100/- (revised), notionally w.e.f. 01-01-2006 with cash benefit from 01-07-2011 till her retirement on 31-12-2016. However, instead of calculating the pension and other retiral benefits of the petitioner in the scale of Rs. 9300-34800 + AGP Rs. 4100 and total emolument received by the petitioner, the office of the Accountant General wrongly calculated all the pensionary benefits and other retiral benefits of the petitioner base on the lower pay scale of Rs. 5200-20200 + GP 2800 without any reason