Writ petition praying to quash and set aside the impugned order and allow regular appointment for government teacher allowed – Jharkhand high court
The present writ petition is filed by 32 petitioners seeking to quash and set aside the order passed dated 07.11.2017 and praying to allow uninterrupted services to the petitioners as approved teachers and avail pensionary benefits for the petitioners. The writ petition was heard and allowed by a single judge bench of HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH in the case of Shri Oinam Manisana Singh and 31 Ors versus The State of Jharkhand and Anr. (WP (C) No. 137 of 2018)
The facts of the case are that the petitioners were Graduate Teachers in government-aided high schools and were approved by the competent authorities. the Secretary of the All Manipur Aided Secondary Schools Employees Association (Hills) (AMASSEA) submitted a representation dated 30.03.2014 to the Minister of Education (S), Manipur requesting for converting 13 (thirteen) Government Aided High Schools of the Hill Districts of Manipur having class IX and X into full-fledged Government High Schools with the absorption of the existing approved staffs. the said representation was passed by the cabinet and obtained the approval of the finance department. One of the conditions in the order was that all the 52 (fifty-two) approved Staffs, i.e., 3 (three) Graduate Teachers and 1 (one) LDC for each of the 13 (thirteen) schools who were approved by the Education (S) department will be retained after the date of conversion but the pay will be allowed after the verification from the department of education.
Petitioners aggrieved by this decision as many of the petitioners were on the date of retirement and if their past services as approved Teachers/LDCs are not absorbed or protected, the petitioners will be deprived of their valuable rights for availing their pensionary benefits and this will be discrimination against their services. the present writ petition has been filed in this matter.
The learned counsel appearing on behalf of the petitioners submits that petitioners are approved Teachers/LDCs and some of the petitioners have rendered about 36 years service as approved employees in the erstwhile 13 (thirteen) aided schools before their absorption in Government service on 08.11.2016 and during the pendency of present writ petition the 15 of the petitioners has been retired without availing pensionary benefits and the condition approved by the finance department is arbitrary and not sustainable in the eyes of law as it was placed without any valid condition and the council relies on the judgment of East Coast Railway Vs. Mahadev Appa Rao” reported in (2010) 7 SCC 678 and “S.G. Jaisinghani Vs. Union of India” reported in AIR 1967 SC 1427. The counsel submits that the impugned order is liable to be quashed set aside and the respondents should be directed to protect the services rendered by the petitioners as approved Teachers so that the petitioners can enjoy their entitled pensionary benefits.
The court in the matter finds force and merit in the submissions made on behalf of the petitioners and examination of the memorandum for Cabinet dated 27.11.2015 and the proposal finds that no condition was mentioned either in the said memorandum for Cabinet or in the said decision of the Cabinet for effecting such conversion or absorption with effect from the date of issue of order by the Administrative Department and accordingly the court is of considerate view that the condition imposed by the finance department was neither in conformity with the decision taken by the State Cabinet nor is it supported by any reason, hence, the act of the Finance Department imposing such conditions is arbitrary and therefore legally unsustainable and accordingly allows the writ petition.
Judgment reviewed by Naveen Sharma