Writ v. State of Meghalaya represented by the Chief Secretary, Govt., of Meghalaya, Shill
Case Details
1. 2. 3. 4. 5. 6. 7. 1. 2. 3. THE HIGH COURT OF MEGHALAYA WP(C) No.95/2012 Smti. Rina Paul Muktieh Wife of Shri. Wilford Reginald Wahlang R/o. Lower mawprem, Lumkshaid, Shillong-2, Meghalaya. Shri. Ajay Kr. Choudhury, Son of Late Rati Kanta Choudhury, R/o. Amlan Upper Lachaumier, Shillong-1, Meghalaya. Smti. Tapashi Sinha, Wife of Dr. V.R. Rengsi, R/o. Sharilum Upper Nongthymmai, Rngi Jynriew, Shillong, Meghalaya. Shri. Klustardhon Niangmih Son of late Stanly Jones Rapmai R/o. Umlyngka, 3rd Mile Upper Shillong, Shillong-5, Meghalaya. Smti. Danny orlis Mary Wahlang Daughter of Late Habui Singh Nongrum, R/o. Pdeng Shnong Sohra, Sohra East Khasi Hills District, Meghalaya. Smti. Catherine Swer Daughter of Late Harding Challam R/o. Kwinsibon Pathaw, Wahingdoh III, Shillong, Meghalaya. Smti. Iaiphyrnai Mitri, Wife of Shri. Synsharlang Kharshing, R/o. Mawlai Kynton Massar, Shillong-22, Meghalaya. ::::: Writ Petitioners VERSUS State of Meghalaya represented by the Chief Secretary, Govt., of Meghalaya, Shillong. The Principal Secretary to the Govt., of Meghalaya, Education Department, Shillong. The Director of Higher & Technical Education, Meghalaya, Shillong. Page 1 of 7 4. 5. The under Secretary to the Govt., of Meghalaya, Education Department, Shillong. The Deputy Director of Higher & Technical Education, Meghalaya, Shillong. ::::: Respondents BEFORE THE HON’BLE MR JUSTICE T NANDAKUMAR SINGH For the Petitioners For the Respondents Date of hearing Date of Judgment & Order : : : :
Legal Reasoning
Mr. S Sen, Mr. HL Shangreiso, Mrs. SK Nongrum, Advs. Mr. H Kharmih, GA 11.11.2013 11.11.2013 (cid:1)(cid:2)(cid:3)(cid:4)(cid:5)(cid:6)(cid:7)(cid:8)(cid:9)(cid:10)(cid:7)(cid:3)(cid:9)(cid:11)(cid:12)(cid:3)(cid:6)(cid:12)(cid:13)(cid:11)(cid:12)(cid:10)(cid:14)(cid:15)(cid:9)(cid:9)(cid:9)(cid:9) (cid:1)(cid:2)(cid:3)(cid:4)(cid:5)(cid:6)(cid:7)(cid:8)(cid:9)(cid:10)(cid:7)(cid:3)(cid:9)(cid:11)(cid:12)(cid:3)(cid:6)(cid:12)(cid:13)(cid:11)(cid:12)(cid:10)(cid:14)(cid:15) (cid:1)(cid:2)(cid:3)(cid:4)(cid:5)(cid:6)(cid:7)(cid:8)(cid:9)(cid:10)(cid:7)(cid:3)(cid:9)(cid:11)(cid:12)(cid:3)(cid:6)(cid:12)(cid:13)(cid:11)(cid:12)(cid:10)(cid:14)(cid:15) (cid:1)(cid:2)(cid:3)(cid:4)(cid:5)(cid:6)(cid:7)(cid:8)(cid:9)(cid:10)(cid:7)(cid:3)(cid:9)(cid:11)(cid:12)(cid:3)(cid:6)(cid:12)(cid:13)(cid:11)(cid:12)(cid:10)(cid:14)(cid:15) Heard Mr. S Sen, learned counsel for the petitioners and Mr. H Kharmih, learned GA appearing for the State respondents. 2. At the very outset of the hearing, learned counsel for the petitioners Mr. S Sen contented that even though many prayers had been sought for in the present writ petition, because of changed circumstances, the petitioners are seeking only the prayer for a direction to the State respondents to grant them the revised pay scale of 2007 w.e.f. 01.01.2007 as well as to revise their arrears as entitled thereto under the service law or rules as the case may be. Keeping in view of the limited prayer sought for in the present writ petition, this writ petition is taken up for disposal. 3. Writ petitioner 7(seven) in numbers were initially appointed in the erstwhile private college i.e. Sohra College. The dates of their respective initial appointment orders in the said college are mentioned below:- Page 2 of 7 Sl.No. Name of the writ petitioner Date of Appointment Writ Petitioner No.1 01.03.1988 Date of joining Department 01.03.1988 1. 2. 3. 4. 5. 6. 7. Writ Petitioner No.2 30.07.1988 01.08.1988 Writ Petitioner No.3 09.07.1990 30.07.1990 Writ Petitioner No.4 22.11.1990 22.11.1990 Writ Petitioner No.5 20.07.1996 22.07.1996 Writ Petitioner No.6 09.09.1997 09.09.1997 Writ Petitioner No.7 31.07.1999 01.08.1999 Name of post and Departments Lecturer in Education Lecturer in Economic Lecturer in English Lecturer in Khasi Lecturer in Khasi Lecturer in History Lecturer in English 4. While the petitioners were serving in the said private college i.e. Sohra College by an order of the Director of Public Instruction Meghalaya, Shillong dated 24.03.1987, Sohra College was converted to the Adhoc Grant-in- Aid College in pursuance of the sanctioned order of the Govt. under letter No.EDN.15/87/7 dated 24.03.1987, one of the conditions of the said order was that the approved expenditure is the pay and D.A. only of the sanctioned posts at the Govt. prescribed rules. It is the further case of the petitioners that they had been appointed as Lecturers in the sanctioned posts of the said college i.e.
Decision
Sohra College, Cherrapunjee. All the writ petitioners had been drawing Govt. pay scale as mentioned in the order under the authority of the said Govt. letter No.EDN.15/87/7 dated 24.03.1987 and their pay scales had been revised from time to time. The revised pay scale made on the basis of the 3rd Pay Commission recommendation w.e.f. from the year 1996 had been duly granted to all the writ petitioners. Page 3 of 7 5. By an order of the Govt. of Meghalaya being No.EDN.260/2005/138 dated Shillong 18.02.2009, Sohra College, Sohra had been provincialized with immediate effect. Some of the conditions mentioned in the said provincialization order dated 18.02.2009 were against the interests of the teaching as well as non- teaching staff of the Sohra College and accordingly, many representations had been filed before the authorities. Ultimately the Govt., taking into consideration of the different representations filed by the petitioners and others issued an order dated 16.08.2011 in pursuance of the decision of the Cabinet dated 07.06.2011 for deleting the conditions spelled out in Paras 2, 3 & 8 of the said Notification for provincialization dated 18.02.2009. In pursuance of the said order of the Govt. of Meghalaya dated 16.08.2011, the Govt. of Meghalaya issued the order dated 16.08.2011 for absorption of the services of the petitioners as Lecturers on “as is where” basis immediately before taking over/provincialization of the said college. It is the case of the petitioners that at the time of provincialization of the said college, the petitioners were entitled to the last revised pay based on the 4th Pay Commission report vide letter No.EDN.284/2010(A)/10 dated 23.03.2012 issued by the respondent No.4. It is also stated that the last pay revision based on the 4th Pay Commission report had been extended to the teaching staff and also non teaching staff of all the Adhoc Grant-in-Aid colleges. Therefore, it is the case of the petitioners that partial treatment had been meted out to the petitioners in the matter of revision of pay scale inasmuch as, in the case of others teachers of Adhoc Grant-in-Aid colleges, the Govt. had already granted the revised pay scale on the basis of 4th Pay Commission report. 6. The writ petitioners also annexed the statements/pay scales of some of the teachers of Adhoc Grant-in-Aid to whom the Govt. had extended the revised pay scale on the basis of the 4th Pay Commission report as (Annexure-D Page 4 of 7 to the additional affidavit filed by the petitioner). For easy reference, the said Annexure-D is quoted hereunder:- Typed Copy Appendix-D STAFF STATEMENT FOR THE YEAR 2013 (As on 31.08.2013) August ____2013 Sl. No. Name and Designation Qualifi- cation Age Scale of Pay D.A @ 70% Date of Increm- ent Total Salary Remarks Interim @ 10% Pay + D.A Pay Scale :- Rs. 17000-470-20290-EB-560-25330-760-33690/- p.a 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . Shri S.Syiemlieh, i/c/ Principal Smti.L.Chyne Lecturer Smti. A. Sawain, Lecturer, Smti U.N.Banet, Lecturer Shri K.Najiar, Lecturer, Smti. D.Diengdoh, Lecturer Shri A.Jyrwa, Lecturer Shri. L. Wahlang, Lecturer, M.Phil 48 28370 19859 - 1.9.13 48229 M.Phil 48 27610 19327 - 1.6.14 46937 M.A. 35 25330 17731 - 1.8.14 43061 M.A. 40 26850 28795 - 1.5.14 45645 M.A (NET) 44 24770 17339 - 1.8.14 42109 M.Phil 42 21970 15379 - 1.6.14 37349 M.A M.A 38 30 24770 17339 - 1.12.13 42109 20290 14203 - 1.8.14 34493 Total 199960 139972 339932 Sd/- i/c Principal Tirot Sing Memorial College Typed Copy Appendix-D STAFF STATEMENT FOR THE YEAR 2013 (As on 31.08.2030.06.2013) June____2013 Page 5 of 7 Sl. No. Name and Designation Qualifi- cation Age Scale of Pay D.A @ 70% Total Salary Remarks Date of Increme- nt Interi m @ 10% Pay + D.A Pay Scale :- Rs. 17000-470-20290-EB-560-25330-760-33690/- p.a 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . Shri S.Syiemlieh, i/c/ Principal Smti.L.Chyne Lecturer Smti. A. Sawain, Lecturer, Smti U.N.Banet, Lecturer Shri K.Najiar, Lecturer, Smti. D.Diengdoh, Lecturer Shri A.Jyrwa, Lecturer Shri. L. Wahlang, Lecturer, M.Phil 48 28370 17589.40 - 1.9.13 45959.40 M.Phil 48 27610 17118.20 - 1.6.14 44728.20 M.A. 35 24770 15357.40 - 1.8.14 40127.40 M.A. 40 26850 16647.00 - 1.5.14 43497.00 M.A (NET) 44 24210 15010.20 - 1.8.14 39220.20 M.Phil 42 21970 13621.40 - 1.6.14 35591.40 M.A M.A 38 30 24770 15351.40 - 1.12.1 3 40127.40 19820 12288.40 - 1.8.14 32008.40 Total: 198370 122989.40 321359.40 Sd/- i/c Principal Tirot Sing Memorial College 7. Mr. S Sen, learned counsel for the petitioners by giving heavy emphasis on the words “as is where” mentioned in the provincialization order dated 16.08.2011 contended that as the petitioners had already been entitled to enjoy the revised pay scale under the recommendation of the 4th Pay Commission, the revised pay scale on the basis of the 4th Pay Commission would have been extended to the petitioners also on 16.08.2011. Page 6 of 7 8. Mr. H Kharmih, learned GA appearing for the respondents contended that the statements of pay scales of the Lecturers of Adhoc Aided colleges indicated in Annexure-D which is quoted above is the one issued by the Principal and it is not the one issued by the Govt. Therefore, it is difficult to ascertain if the Lecturers of the said Govt. Aided colleges were really enjoying the revised pay scale on the basis of the 4th Pay Commission. Mr. H Kharmih, learned counsel for the respondents is not denying that the petitioners should be treated equally with others Lecturers of the Govt. Aided Colleges so far as revision of their pay scales is concerned. 9. In the above factual backdrop, this writ petition is disposed of by directing the respondents to revise the pay scale of the petitioners in accordance with the last pay revision based on the 4th Pay Commission in case last pay revision on the basis of the 4th Pay Commission were extended to the Lecturers of the Govt. Aided Colleges on 16.08.2011 i.e. the date of provincialization of Sohra College. The whole exercise should be completed within a period of three months from the date of receipt of a certified copy of this judgment and order. 10. With the above observations and directions, this writ petition is allowed. (cid:1)(cid:2)(cid:3)(cid:4) JUDGE Page 7 of 7