K.AREI Vs. STATE OF MANIPUR
LAWS(MANIP)-2019-4-5
HIGH COURT OF MANIPUR
Decided on April 05,2019

K.Arei Appellant
VERSUS
STATE OF MANIPUR Respondents

JUDGEMENT

RAMALINGAM SUDHAKAR, J. - (1.) Heard Mr. L. Raju, learned counsel appearing for the petitioners, Mr. S. Nepolean, learned G.A. appearing for the State and Ms. Kramasori, learned counsel appearing for the Accountant General, Manipur.
(2.) Prayer in W.P. (C) No. 716 of 2009 reads as follows: "to issue a Rule calling upon the respondents to show cause as to why a writ in the nature of certiorari or any other order or direction or any other appropriate writ should not be issued as prayed for. And To quash the impugned office order dated 9.11.2009 (Annexure-A/9) as illegal and violative of the Hon'ble Court's orders." Prayer in W.P. (C) No. 783 of 2009 reads as follows : "to issue a Rule calling upon the respon-dents to show cause as to why a writ in the nature of certiorari or any other order or direction or any other appropriate writ should not be issued as prayed for. And To quash the impugned office order dated 9.11.2009 (Annexure-A/12) as illegal and violative of the Hon'ble Court's orders." Prayer in W.P. (C) No. 765 of 2009 reads as follows : "to issue a Rule calling upon the respondents to show cause as to why a writ in the nature of certiorari or any other order or direction or any other appropriate writ should not be issued as prayed for. And To quash the impugned office order dated 9.11.2009 (Annexure-A/12) as illegal and violative of the Hon'ble Court's orders."
(3.) The proceeding dated 09.11.2009 is extracted for better clarity : "Orders by the Governor: Manipur Imphal, the 9th November, 2009 No. 17/52/2007-FD(PIC) : Whereas on bringing to the notice of the Government that huge excess payment of arrear pay and allowance, pension, family pension, gratuity and commutation of pension had been made in the non-existent pay scale and post of Head Pandits/Head Masters of L.P. Schools, the State Government by an instruction issued vide Message No. 8/21/2004-FD(TRY), dt.21.4.2005, No. 8/21/2004-FD(TRY), dt.25.4.2005 stopped the monthly pension/family pension with immediate effect in respect of retired/deceased teachers of L.P. Schools and further the Accountant General (A and E), Manipur was instructed vide letter No. 17/13/2005-FD(PIC) (Pt), dated 8.3.2006 for recovery of the excess and inadmissible amount drawn by the retired teachers/families of the deceased teachers of L.P. Schools; 2. And Whereasthe President / General Secretary of All Manipur Retired LP/JB/Primary Head Pandit/Head Master Association, Dama-swari Primary School, Imphal East [Regd. No. 198/M/SR-2006] had filed Writ Petitions bearing No. W.P.(C) No. 846 of 2005, No. 894 of 2005, No. 1073 of 2005, No. 1179 of 2005, before the Hon'ble Gauhati High Court prahying for a direction to the State respondents for keeping in abeyance the instructions for stoppage of payment of pension/family pension w.e.f. April, 2005 and the Hon'ble Court passed orders on 3.3.2006 stating that the W/T Messages, dated 21.04.2005 and 25.04.2005 should not be given effect to till the returnable date, i.e. 20.03.2006 and granting liberty to the State respondents to file any application for modification, alteration or cancellation of the interim order even before returnable date." ;


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