MANIPUR CO OP DEPT OFFICER ASSOCIATION Vs. STATE OF MANIPUR

JUDGEMENT

(1.) In this application under Article 226 of the Constitution, the petitioner has prayed for a direction on the responents to release and pay to the Sub-Registrars, Co-operative- Societies, Govt. of Manipur, monthly salary and allowances in the scale of pay of Rs.1600-2660/- P.M. with effect from 1st January, 1988 and to revise the scale of pay of such Sub4Registrars, Co-operative Societies, to Rs.2200-3550/- P.M. with effect from 1.7.88.

(2.) The petitioner is a society registered under the Societies Registration Act and consists of officers working in the Co-operative Department of the Government of Manipur. One group of officers. working in the said Co-operative Department were Inspectors, Grade-I who were drawing a pay scale fo Rs.720-1470/- PM under the Manipur Services (Revision of Pay) Rules, 1982 (for short the "ROP 1982") and a pay scale of Rs.1400-2300/- PM under the Manipur Services (Revision of Pay) Rules, 1987 (for short the "ROP 1987"), Inspectors, Co-operative Societies, Grade-I were, however, redesignated as Sub-Registrars, Co-operative Scoeties by order dated 3rd December, 1987 of the Government of Manipur, in the Co-operative Department. According to the petitioner, the scale of pay of Sub-Registrar, Co-operative Societies, was revised to Rs.l600-50-2300-EB-60- 2660 PM with the due approval of the Manipur Public Service Commission by an order dated 17th February, 1989 published in Manipur Gazette dated 1.3389. Thereafter by notification dated 19th August, 1989, the Manipur Services (Revised Pay) Rules, 1989 (for short the "ROP 1989") were framed under Article 309 of the Constitution, revising with effect from 1.7.88, the scales of pay of different categories of employees working under the Manipur Government and in the said ROP 1989, the pay scale of those employees who were drawing a pay scale of Rs. 1600-2660 PM such as SDC of Revenue Department or Sub-Registrars of the Registration Department was revised to Rs.2200-3550 PM;, but the pay scale of Sub-Registrars, Co-operative Societies was revised to only Rs. 1875-3065 PM.

(3.) At the hearing of this Ciivil Rule, Mr H.N.K. Singh, learned counsel for the petitioner, contended that a bare perusal of the relevant item in the Schedule to the ROP 1989 would show that the scale of pay of Sub-Registrars, Co-operative Societies, before revision was taken as Rs.1400-2300/- PM whereas it was actually Rs. 1600-2660/- PM as per order dated 17th February, 1989. According to Mr H.N.K. Singh, if the scale of pay of the Sub-Registrars, Co-operative Societies, before revision is taken as Rs. 1600-2660/- PM, then under the ROP 1989, the scale of pay should have been revised to Rs.2200-3550/- PM as has been done in the case of all other employees who were drawing a pay in the scale of Rs. 1600-2660 before its revision under the ROP 1989. He, therefore, submitted that the Court should direct the respondents to release the arrear pay and allowances to all Sub-Registrars, Co-operative Societies at the scale of Rs.1600-2660/- PM from February, 1989 and to revise the pay scale of the said Sub- Registrars, co-operative Societies to Rs.2200-3550/- PM with effect from 1.7.88 and to direct the respondents to release the arrears of salary and allowances accordingly.