ALL MANIPUR RETIRED LOWER PRIMARY Vs. STATE OF MANIPUR

JUDGEMENT

(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. 572 of 2006 reads as follows :

(3.) The proceeding dated 08.03.2006 was issued by the Commissioner (Finance), Government of Manipur to the Accountant General, Manipur, Imphal. In this case along with several other cases, the issue relates to excess payment of pay and allowances and consequential pensionary benefits etc. which have been made in favour of the Head Pandits/Head Masters of L.P. Schools on the basis of non-existing pay scales. Some of the benefits claimed by the retired teachers on the basis of the higher scale have been granted irregularly. However, subsequently it has been realized that on the basis of the report of the Department of Education (S), Government of Manipur that there is no post of Head Master in the L.P. School at the time of retirement of the teachers. Therefore, the Department had taken a decision in the proceeding dated 08.03.2006 to recover the excess payment made to the retired teachers in the form of higher pension. Batch of this writ petition was filed and an interim order was passed. However, in one case (i.e.) W.P.(C) No. 954 of 2006, the learned Single Judge passed an order dated 26.10.2009 and set aside the proceeding dated 08.03.2006 to the extent not to recover the excess payment; against which, a writ appeal being W.A. No. 3 of 2006 was filed and the learned Division Bench passed the following order on 27.07.2018 :