Lairenjam Chobi Devi vs State Of Manipur And 3 Ors on 17 July, 2026

Manipur High Court

Lairenjam Chobi Devi vs State Of Manipur And 3 Ors on 17 July, 2026

Author: A. Guneshwar Sharma

Bench: A. Guneshwar Sharma

         Digitally
Oinam signed
       Oinam
              by                                                            Item no. 8

Thoib Thoiba
       Meitei
                          IN THE HIGH COURT OF MANIPUR
                                    AT IMPHAL
a      Date:
       2026.07.18
Meitei 15:14:54
       +05'30'
                                 WP(C) No. 63 of 2024

 Lairenjam Chobi Devi
                                                                        ... Petitioner

                                         - Versus -

 State of Manipur and 3 Ors.
                                                                    ... Respondents

                              B E F O R E
               HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA

                                         ORDER

17.07.2026

[1] Present Mr. Kh. Tarunkumar, learned sr. counsel assisted by Ms.
Maria, learned counsel for the petitioner; Mr. Th. Vashum, learned GA for the
State respondent nos. 1, 2 & 3; and Mr. S. Suresh, learned counsel for the
respondent no. 4.

SPONSORED

[2] In order dated 10.06.2026, this Court substantially recorded the
factual case of the writ petition. In the present case, the petitioner retired from
service with effect from 29.02.2020 as Graduate Teacher and in terms of the
order dated 09.08.2023 passed by this Court in WP(C) No. 136 of 2022 filed by
the petitioner herein, this Court held that the petitioner was entitled to the
pension as a Graduate Teacher without expressing any opinion on the other
aspect. This Court held that the petitioner is at least entitled pension as a
Graduate Teacher and after passing of the writ petition on 09.08.2023, the Office
of the Principal Accountant General, Manipur issued authority papers for pension,
payment of gratuity and commutation amount. The main prayer in the present
writ petition is for entitlement of Selection Grade pay scale and calculating her
pension in terms of the notification dated 29.06.2022. By this notification at sl.
no. 38, Graduate Teachers after serving 12 years on regular service are entitled
to Sr. Scale and after 12 years in Sr. Scale are entitled for Selection Grade Scale
and the promotion of the petitioner vide order dated 09.10.2000 is with effect
from 09.08.1991. It is the case of Mr. Kh. Tarunkumar, learned sr. counsel that
the petitioner completed 12 years of regular service as Graduate Teacher as on
09.08.2003 entitling for Sr. Scale and on 09.08.2015 another 12 years entitling
as Selection Grade and she retired on 29.02.2020 and as such, she is entitled for
both Sr. Scale and Selection Grade on completion of 24 years in the service.

[3] However, Mr. Th. Vashum, learned GA submits that the promotion
of the petitioner to Graduate Teacher vide order dated 09.10.2000 is prospective
in which the date given i.e. 09.08.1991 is only for consideration of the allowance
and the petitioner cannot claim any service benefit other than the entitlement of
allowance. It is also stated that the petitioner is claimed for Selection Grade after
unexplained delay and the petitioner has not enjoyed the Sr. Scale as such, she
is not entitled to the Selection Grade. The learned GA refers to the decision of
Hon’ble Supreme Court in the case of “State of Maharashtra vs. Digambar“

reported in ‘AIR 1995 SC 1991 at para nos. 17 & 24’ wherein, it is stated that if
a person approaches the High Court with unclean hands or blameworthy
conduct, such person is not entitled for any relief on equity in exercise of power
under Article 226 of the Constitution.

[4] Mr. S. Suresh, learned counsel for the respondent no. 4 submits
that in compliance of the order dated 09.08.2023 in WP(C) No. 136 of 2022 filed
by the petitioner, the respondent no. 4 has already been complied and nothing
is to be done for respondent no. 4, unless the pay scale and other entitlement
are reviewed by the Administrative Department. The learned counsel for the
respondent no. 4 has also pointed out that the petitioner is claiming the benefits
in terms of notification dated 29.06.2022 which was issued after the retirement
of the petitioner i.e. 29.02.2020 and the notification may not be applicable in the
present case.

[5] At this stage, Mr. Kh. Tarunkumar, learned sr. counsel for the
petitioner submits that earlier there is also a similar notification issued by State
Government regarding Sr. Scale and Selection Grade to be given to a Graduate
Teacher and he may be given 1(one) week time to place on record the earlier
notification prior to 29.06.2022. Since the earlier notification is required for in
adjudication of the present case. Oral prayer is allowed.

[6]            List this case on 05.08.2026.




                                                          JUDGE




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