JUDGEMENT
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(1.)HEARD Mr. H.NK Singh, learned senior counsel appearing for the petitioner and Mr. Sh.Yangya, learned Govt.
Advocate appearing for the respondents.
(2.)THE present petition has been filed seeking for regularisation/link up of the service of the petitioner from the date of
his initial appointment to the date of re -appointment for the purpose
of pensionary benefits and also to give notional benefit as had been
given to his juniors and other similarly situated persons.
The brief relevant facts of the case are as follows. The petitioner and others were recommended for
appointment as Lower Division Clerks (LDC) in the Fishery
Department, Manipur by a Selection Committee in the year 1983.
Accordingly, the petitioner was given offer of appointment to the post
of LDC in the Directorate of Fishery, Manipur vide Memorandum dated
17.8.1983 issued by the Director of Fishery, Manipur. Thereafter, the petitioner along with 19 others were
appointed as LDCs on officiating basis vide order dated 8.9.1983.
According to the petitioner, while the service of the petitioner was
continued on officiating basis, 7 others, who were appointed along
with the petitioner were given regular appointments as LDCs by
various orders passed on 18.8.1987, which according to the petitioner
was highly discriminatory.
According to the petitioner, while the petitioner and
others were serving as LDCs on officiating basis as mentioned above,
the Government without issuing any notice terminated the services of
a number of employees appointed to Class -3 posts in Fishery
Department, Manipur including the petitioner, vide order dated
20.7.1989. Being aggrieved by the aforesaid termination order dated 20.7.1989, the petitioner challenged the said termination order before the Gauhati High Court by filing writ petition which was registered as
Civil Rule No. 758 of 1989. Other affected persons also filed writ
petitions before the Gauhati High Court. The Gauhati High Court, after
hearing the parties, by a common judgment and order dated
20.8.1990 passed in Civil Rule No.758 of 1989 and others allowed the said writ petitions by setting aside the order of termination dated
20.7.1989 and directed that the petitioners shall be taken back in service and they shall also be entitled to arrear pay and allowances
which they were drawing before 1.1.1989. In compliance of the
aforesaid order of the Gauhati High Court, the State Government
issued an order on 17.10.1990 appointing 13 persons to the posts of
LDC including the petitioner with immediate effect and further
directing that they shall be entitled to arrear pay and allowances for
the period from the date they were terminated till their date of re -
appointment.
Accordingly, in terms of the aforesaid order dated
17.10.1990, the Director of Fishery, Manipur also issued the order for appointment of the petitioner and others as LDCs with immediate
effect and also for payment of arrear pay and allowances for the
period from the date they were terminated till their date of re -
appointment.
According to the petitioner, the petitioner ought to have
been appointment as LDC from the date when they were terminated
and not prospectively as had been done by the re -appointment order
dated 26.10.1990. According to the petitioner, the petitioner would be
entitled to be treated as LDC w.e.f. the initial date of appointment on
8.9.1983 by counting the period of the break in service upto 26.10.1990 and in that connection, had submitted a representation to the Director of Fishery, Manipur on 30.6.1999 praying for retrospective
regularisation of his service as LDC w.e.f. 8.9.1983. According to the
petitioner, the petitioner was given the non -functional pay scale of
Rs.3200 -85 -490 on completion of 10 years of regular service in the
grade of LDC w.e.f. 1.1.96 by counting the date of regular
appointment w.e.f. 26.10.1990 . According to the petitioner, the earlier
period w.e.f. 26.10.1990 ought to have been counted for the purpose
of affording the non -functional scale and had submitted a
representation to the Director of Fishery, Manipur for review of the
aforesaid order dated 26.6.2000 for giving the non -function pay scale.
(3.)THE claim of the petitioner in short, therefore, is that the petitioner should be treated to be initially appointed on regular basis
with effect from the initial date of appointment on 8.9.1983 and not
from 26.10.1990.
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