O. Iboyaima Singh vs State Of Manipur & Anr on 23 January, 2025

Manipur High Court

O. Iboyaima Singh vs State Of Manipur & Anr on 23 January, 2025

Author: A. Guneshwar Sharma

Bench: A. Guneshwar Sharma

NINGOM Digitally  signed
         by NINGOMBAM
BAM      VICTORIA
         Date: 2025.01.27                                                       Item Nos. 68-69
VICTORIA 15:30:22 +05'30'
                                    IN THE HIGH COURT OF MANIPUR
                                              AT IMPHAL

                                           WP(C) No. 804 of 2023

                        O. Iboyaima Singh.
                                                                          ...Petitioner
                                                    - Versus -
                        State of Manipur & Anr.
                                                                      ...Respondents
                                                  With
                                           WP(C) No. 533 of 2020

                                           B EF O R E
                            HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA

                                                  ORDER

23-01-2025

[1] Heard N. Surendrajit, learned counsel for the petitioner and

Mrs. Ch. Sundari, learned Government Advocate for the State respondents.

[2] By the present petition, WP(C) No. 533 of 2020, the petitioner

challenges the correctness of the impugned order dated 03-05-2019 passed

by the Director, Education (S), Government of Manipur whereby the

substantive pay scale of the petitioner at the time of retirement has been

reduced from the pay scale of Rs. 7,500-12,000/- p.m. (Selection Grade) to

Rs. 4,500-7,000/-. It is the case of the petitioner that vide order dated

10-10-2008 issued by the Director, Education (S), Government of Manipur,

the petitioner was allowed to retire from service in the pay scale Rs. 7,500-

12,000/- p.m. (Selection Grade) as a Head Master of Oinam Girls Primary

School w.e.f. 31-07-2008 and by the impugned order, the pay scale of the

petitioner has been reduced without issuing any notice.

[3] Learned counsel for the petitioner relies on the decision of the

Hon’ble Supreme Court in the case of Bhagwan Shukla vs Union of India

WP(C) No. 804 of 2023 & Page 1 of 3
WP(C) No. 533 of 2020
reported in (1994) 6 SCC 154 para 3 where the order of the reduction of

the pay scale without issuing notice to the employee was set aside. Learned

counsel for the petitioner also refers to a decision of the Hon’ble Supreme

Court in the case of Jagdish Prasad Singh vs. State of Bihar, Citation No.:

2024 INSC 591 wherein reduction of pay scale without notice and demand

of refund of the excess payment was held to be invalid.

[4] WP(C) No. 804 of 2023 is filed by the petitioner challenging the

Annexure-R/1 filed by the respondents in WP(C) No. 533 of 2020 whereby

vide order dated 28-01-2002 issued by the Director, Education (S),

Government of Manipur, the Head Masters of Lower Primary/Primary School

who are look after/in-charge basis were reverted to their substantive posts.

It is also submitted that while issuing the order dated 28-01-2002, notice was

not issued to any of the in-charge Headmasters including the petitioner

herein.

[5] On the other hand, Mrs. Ch. Sundari, learned Government

Advocate for the State respondents, submits that vide order dated

07-06-1978, the petitioner and others were declared as Head Pandits of the

Primary Schools with charge allowance of Rs. 5/- without actually promoting

him to the post of Head Master/Head Pandit and this has been continued for

a long period and in the circumstances, in the service record the petitioner

was wrongly shown as Head Pandit and his pay scale was fixed at Rs.

7,500-12,000/-. Later on, this anomaly was detected and the pay scale was

corrected and reduced to Rs. 4,500-7,000/-. Accordingly, the petitioner filed

a writ petition being WP(C) No. 25 of 2013 and vide order dated 07-08-2018,

this Court directed the State authorities to rectify the mistake, if any, in

deciding the pay scale and to grant pensionary benefits on the basis of the

correct pay scale applicable to the petitioner. It is submitted that vide order

WP(C) No. 804 of 2023 & Page 2 of 3
WP(C) No. 533 of 2020
03-05-2019, the Director, Education (S), Government of Manipur has

analyzed the material on record including the paper book of the writ petition

being WP(C) No. 25 of 2013 and observed that the petitioner was never

promoted to the post of Head Pandit/Master. In the circumstances, earlier

orders dated 02-03-2000 and 19-02-2002 were reviewed and the pay scale

of the petitioner was correctly fixed at Rs. 4,500-7,000/- p.m.

[6] From the perusal of the material on record, even though the

averment of the writ petitioner was considered by the respondent but while

issuing the impugned order, no formal notice was issued to the petitioner. In

the circumstance, the writ petitions are disposed of without expression any

opinion on the merit of the case and by giving the petitioner an opportunity

to submit a representation to the Director of Education (S), Government of

Manipur for considering his case afresh. If the submission is made by the

petitioner for reconsideration of the earlier order, the State Respondent

specially, Director of Education (S), Government of Manipur may reconsider

its earlier order. The representation shall be submitted within a period of four

weeks and the same shall be considered by the State Government on merit

by passing a speaking order within a period of two months from the date of

receipt of a copy of this order.

[7] The writ petitions are disposed of in terms of the above direction.

It is made clear that this Court has not expressed any opinion on the related

merit of the case.

[8] Furnish copy of this order to the learned counsel appearing for the

parties.

JUDGE

Victoria

WP(C) No. 804 of 2023 & Page 3 of 3
WP(C) No. 533 of 2020