STATE OF MANIPUR Vs. S.PAISO
LAWS(MANIP)-2019-4-21
HIGH COURT OF MANIPUR
Decided on April 09,2019

STATE OF MANIPUR Appellant
VERSUS
S.Paiso Respondents

JUDGEMENT

LANUSUNGKUM JAMIR,J. - (1.) Heard Mr. Lenin, learned Addl.AG for the appellants as well as Mr. M.Hemchandra, learned senior counsel for the respondents. Also heard Mr. S.Samarjeet, learned CGC for the Union respondents.
(2.) These writ appeals, WA No.55/17, WA No.56/17 and WA No.57 of 2017 are against the common judgment and order dated 01.12.2015 passed in W.P(C) No.61 of 2015, W.P(C) No.209 of 2015 and W.P(C) No.325 of 2015.
(3.) The writ petitioners/respondents herein, challenged the Government order dated 28-11-2014 issued by the Principal Secretary (Finance), Government of Manipur who directed recovery of excess drawal of pension and family pension on the ground that the retired Head Pandits/ Head Masters of LP schools/Primary Schools and JB Schools have benefited by way of excess salary to non-existent posts on non-existent pay scales. This was first identified by the department in the proceeding dated 08.3.2006 that came to be challenged in a number of writ petitions and one writ petition, being W.P(C) No.954 of 2006 was allowed by the learned Single Judge. The present batch of cases also, the learned Single Judge allowed the writ petitions primarily holding that the W.P(C) No.954 of 2006 has been challenged before the Hon'ble Division Bench but there is no need to await the outcome of the appeal pending for more than five years. This was recorded by the learned Single Judge in the last part of para No.10 of the impugned judgment and order, page No.29 which read as follows:- "10. *** *** *** *** *** *** It is submitted by Shri K.Jagat, learned Government Advocate that a writ Appeal being Misc. Case (W.A.) No.143 of 2009 preferred against the order dated 26.10.2009 passed by the learned Single Judge in W.P(C) No.954 of 2006, is pending for adjudication by this court. However, in view of the law having been settled by the Hon'ble Supreme Court in State of Punjab and ors. vs. Rafiq Masih (White Washer) and ors. reported in (2015) 4 SCC 334 the issues involved herein can be decided and there is no need for this court to await the outcome of the said writ appeal pending for more than five years."? ;


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