STATE OF MANIPUR THROUGH THE COMMISSIONER/SECRETARY Vs. SALAM DEBENKANTA SINGH

JUDGEMENT

(1.) THE present appeal has been preferred against the order dated 14.12.2004 passed in W.P(C) No.210 of 2003 by the learned Single Judge by which the writ Court directed the State respondents to grant two higher grades to the pay scale of the Chemists which the petitioner is holding upon expiry of the period of 12 years from the date of joining of service and thereafter upon expiry of 24 years.

(2.) THE petitioner was initially appointed as a Chemist in the Department of Public Health Engineering (PHED) on the recommendation of the Manipur Public Service Commission vide order dated 26.8.1998 on the pay scale of Rs.1640 -2900/ -. Thereafter, as per the Revision of Pay of 1999, the pay scales of the post of Chemist as well as the post of Assistant Engineer of PHED were revised to the scale of pay of Rs.7800 -12000/ -. According to the petitioner, the post of Chemist is a lone post and has no further promotional avenue. Since there has been no promotional avenue and the service had remained stagnant, the petitioner filed the writ petition, being W.P(C) No.210 of 2003 seeking for creation of the post of Senior Chemist or providing higher scale of pay of Rs.10,000 -15,000/ - which is equivalent to the scale of pay attached to the higher post of Executive Engineer.

(3.) THE learned Single Judge allowed the writ petition. In doing so, the learned Single Judge relied on the decision of the Hon'ble Supreme Court in Council of Scientific & Industrial Research & anr. Vs. K.G.S.Bhatt & anr.; AIR 1989 4 SC 635 observing that there should be promotional opportunity for the employees to move upward. The learned Single Judge also relied on the decision of the Hon'ble Supreme Court in State of Tripura vs. K.K.Roy reported in (2004) 9 SCC 65 and held that in view of the policy decision of the State Government for imposing complete ban on upgradation of post, the State respondents were directed to grant two higher grades in the pay scale of Chemist to the petitioner; one upon expiry of 12 years from the date of joining service and another upon expiry of 24 years thereafter.