Decided on June 10,1994

N. Suren Singh Appellant
Director Of Education (S) Govt. Of Manipur And Ors. Respondents


W.A. Shishak, J. - (1.)HEARD Mr. H.S. Paonam, learned Counsel for the Petitioner. Heard also Mr. A, Jagatchandra, learned Addl. Govt. Advocate and Mr. R.K. Sanajaoba, learned Counsel for Respondent 4.
(2.)THE father of the Petitioner died while serving as Head Pandit of Heirok Part -I Maning Leikai Girls L.P. School on 24.12.1992, leaving behind his large family without any bread earner. The Petitioner was then a student of 3 Years Degree Course. As there was none to earn family bread he applied to the competent authority for appointment to a suitable post in the said school under the die -in -harness scheme.
The Petitioner was appointed as a teacher against the post of his deceased father w.e.f. 2.1.93. That order of appointment was issued by the Secretary of the said School. The appointment of the Petitioner was approved by the Inspector of Schools, Zone -III. Government of Manipur vide order dated 26.3.1993. Inspite of his service to the said post, pay and allowances were not released to the Petitioner. He submitted representation on 23.8.93 to the Minister of Education.

(3.)WHILE the Petitioner was pursuing the matter regarding pay and allowances, Under Secretary to the Government of Manipur wrote a letter to the Director of Education (S) dated 17 August, 1993 stating that 'as per existing Grant -in -aid Rules appointment of a person against a vacancy in the Aided School under die -in -harness scheme is silent and appointment of Shri N. Suren Singh in the Heirok Pt -I Maning Leikai Aided L.P. School is irregular. In para 2 of the said letter the Director was requested to take suitable action as proposed. Thereafter with reference to the aforesaid letter of the Government, the Dy. Director of Education wrote a letter to the Secretary of the said L.P. School dated 21st August, 1993 regarding the appointment of the Petitioner under die -in -harness scheme. In view of the Government letter referred to in para 1 of this letter the Dy. Director stated in para 2 as under:
I am, therefore, to instruct you to cancel the appointment of Shri N. Suren Singh, approved teacher vice late N. Madhumangol Singh under the die -in -harness scheme. Further you are to reinstate immediately Km. N. Priyoshakhi Devi who was put under suspension by the committee.

At this stage it may be stated that in view of order dated 14.10.1993, the Petitioner is continuing in service at the said school.

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