ASSOCIATION OF PREMIER STATE COLLEGE Vs. STATE OF MANIPUR

JUDGEMENT

(1.) . This writ petition has been filed by the petitioner Association seeking to quash the impugned order dated 11.8.2017 issued by the Commissioner (Higher and Technical Education), Government of Manipur and to direct the respondents to implement the Office Memorandum dated 1.9.2008 and letter dated 15.12.2009 within the stipulated period so as to get the entitlements by the members of the petitioner Association.

(2.) Brief facts are as follows:

(3.) Resisting the writ petition, respondent Nos.1 to 3 filed affidavit-in-opposition stating that the Government of Manipur on the recommendation of the Fitment Committee had adopted the recommendation of VI Pay Commission with certain modification and has implemented the same. In short, the Government of Manipur did not adopt the recommendation of the VI Central Pay Commission in toto. As a part of the State modification in adopting the VI Central Pay Commission, the Government of Manipur, issued Office Memorandum dated 5.5.2010 in respect of revision of the pension of Pre-2006 pensioners/family pensioners. Thereafter, necessary amendment has been effected to the provisions of the Manipur Civil Services (Pension) Rules, 1977 by issuing notification dated 26.8.2011. It is stated that the representation dated 26.3.2013 submitted by the petitioner Association could not be conceded, as it is against the provisions of the Manipur Civil Services (Pension) Rules as amended from time to time and notifications issued thereunder as explained.