THE SATE OF MANIPUR AND ORS. Vs. AMBITION RAGUI AND ORS.

JUDGEMENT

(1.) These two writ appeals, at the instance of the State Authorities, have been filed against two different orders passed in two different writ petitions. Since the question involved is same in both the writ appeals, on the consent of the learned counsel for the parties, they were taken up together for hearing and are disposed of in this common judgment.

(2.) The brief background of the case is that the respondents in both the appeals were serving as Headmasters in various Primary schools in Ukhrul District. There was agitation for implementation of the recommendations made by the Fifth Central Pay Commission and consequently an MOU was signed on 11.1.1999 between the Chief Minister of Manipur from the side of the Government and the President of Joint Action Committee of AMTUC and AMGEU on the other side representing all the employees working under the Government including the respondents in both the appeals. Under the said MOU, the Govt. Of Manipur agreed to frame revised pay rules in terms of the recommendations of the Fifth Central Pay Commission by 31.1.1999 and making the said Rules effective from 1.1.1996. It was further agreed that the arrears for the period from 1.1.1996 to 31.12.1998 shall be deposited in the GPF accounts of the employees. Consequent upon such an MoU, the Govt. Of Manipur in the Finance Department vide notification dt. 11.1.1999 framed a new set of rules called, "Manipur Services (Revised Pay) Rules, 1999." The said Rules were again amended vide notification dt. 10.3.1999. The first revision of pay as per 1999 Rules was made effective from 1.1.96 and the pay scale of Headmasters of JB/Primary Schools was enhanced from 1400-2300 to 4500-7000 and senior scale (after 15 years of regular service) from 2000-3500 to 6500 to 10500. Not being satisfied with the pay revision, the school teachers including the respondents submitted representation to the Government praying for removal of anomaly in the said pay revision and demanded that their pay should be same as their counterparts working under the Government of India. Consequently, the Government of Manipur rectified the anomaly by issuing order No. 1/115/98-PIC of the Finance Department (Pay Implementation Cell) under which pay scale of Headmasters of JB/Primary Schools was enhanced from 4500-7000 to 5500-9000/- So far as senior scale is concerned, the revised pay scale was not changed and remained same i.e. 6500-10500, but the regular period of service was reduced from 15 years to 12 years. However, this amended revised scale was made effective from the date of issuance of the order i.e. from 7.9.1999. The revised pay scale as per the order No. 1/115/98-PIC of the Finance Department having not been made effective from 1.1.1996, two writ petitions were filed before the High Court. W.P(C) No. 1818 of 2001 was filed by some Headmasters whereas W.P(C) No. 31/2005 was filed by another set of Headmasters. WP(C) No. 1818/01 was allowed by the learned single Judge vide order dt. 18.11.2004 which has given rise to Writ Appeal No. 33 of 2005. WP(C) No. 31/2005 was allowed by the learned single Judge following the judgment delivered in WP(C) No. 1818 of 2001 on 7.3.2005 and challenging the said judgment and order, the State has preferred WA No. 65 of 2005.

(3.) Undisputedly, in terms of a Memorandum of Understanding (MOU) the Govt. Of Manipur through Finance Department vide Notification No. 1/115/98-PIC dt. 11.1.1999 framed a set of Rules called " Manipur Services (Revised Pay) Rules, 1999." In terms of the said Rules, pay of the Headmasters of JB/Primary Schools was revised from the scale 1400-13000 to 4500-7000. But for those who have completed 15 years of regular service were permitted to draw senior scale of pay which was enhanced from 2000-3500 to 6500-10500/-. This pay scale was made effective from 1.1.1996 and as per the MOU the arrears for the period from 1.1.96 to 31.12.1998 were to be deposited in the GPF accounts of the employees. Thereafter, the teachers including the respondents submitted representation to the Govt. Of Manipur to remove the anomaly in the said pay revision and demanded to equate their pay with their counterparts working under the Govt. of India. The said representation was accepted by the State Govt. and Finance Department (Pay Implementation Cell) issued an order bearing No. 1/115/98-PIC. Under this order the pay scale of Headmasters of JB/Primary schools which was enhanced under the 1999 Rules to 4500-7000 and was further enhanced to 5500-9000. So far as senior scale is concerned, there was no change in the pay scale under the said order, but 15 years of regular service to get senior scale of pay was reduced to 12 years of regular service. This order was published on 7.9.1999 and the enhanced pay scale was allowed to be drawn from 7.9.1999.