Manipur High Court
Hooreiah Ningreingam Michael vs The State Of Manipur Represented By The … on 4 April, 2026
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
[1] IN. 7 & 8
SHOUGRAKPAM Digitally signed by
SHOUGRAKPAM
DEVANANDA DEVANANDA SINGH
Date: 2026.04.07 13:45:48
SINGH +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 532 of 2019
With
MC(WP(C)) No. 54 of 2020
Hooreiah Ningreingam Michael, aged about 43 years, S/o
Hooreiah Kahaosan George, a resident of Khamasom, P.O.
& P.S. Ukhrul, District: Ukhrul - 795142
... Petitioner
-Versus-
1. The State of Manipur represented by the Commissioner/
Principal Secretary (Education-S), Government of
Manipur, Secretariat Office, P.O. & P.S. Imphal, District:
Imphal West, Manipur - 795001.
2. The Director, Education (S), Manipur at Lamphelpat,
P.O. & P.S. Lamphel, District: Imphal West, Manipur -
795001.
... Respondents
B E F O R E
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
For the petitioner :: Mr. L. Anand, Sr. Advocate asstd. by
Mr. B. Kirankumar Sharma, Advocate
For the respondents :: Mr. Th. Vashum, GA
Date of hearing :: 04-04-2026
Date of Order :: 04-04-2026
WP(C) No. 532 of 2019 & anr. Contd.../-
[2]
O R D E R
(Oral)
[1] Heard Mr. L. Anand, learned senior counsel assisted by
Mr. B. Kirankumar Sharma, learned counsel appearing for the petitioner
and Mr. Th. Vashum, learned GA appearing for the respondents.
[2] The present writ petition has been filed seeking for the
following reliefs:-
“(i) To admit the present writ petition.”
“(ii) To issue rule nisi calling upon the respondents to show cause
as to why prayer sought for by the petitioner shall not be
granted in the facts and circumstances of the present case.”
“(iii) To direct the respondents not to terminate or removed the
service of the petitioner who has been regularized in the
post of System Analyst cum District Co-ordinator in the
Department of Education (S), Manipur vide an order issued by
Commissioner (Education-S), Government of Manipur bearing
No. 30/33/2016-SE(S) dated the 16th December, 2016, after 5
(five) years of contractual service given under Notification
bearing No. 31/2/06-SE(S)/SSA dated the 17th April, 2012
issued by the Principal Secretary (Education-S), Government
of Manipur in the post.”
“(iv) Or for a direction to the State respondents to extend the name
relaxation as was given and enjoyed by similarly situated
circumstances in the case of Primary Teachers under
Department of Education (S), Manipur in view of Order No. AO/
199/APT/2013(2)-DE(S) dated the 30th May, 2016 issued by the
Director, Education (S), Manipur” and“(v) With a humble prayer for a direction to the State respondents
to issue EIN (Employees Identification Number) in favour of
the petitioner for the purpose of enjoying/ drawing his entitled
pay and allowances in lieu of the uninterrupted service
rendered by him since his regularization, w.e.f. 16-12-2016 till
date.”
WP(C) No. 532 of 2019 & anr. Contd…/-
[3]
“(v) Pass any other order or orders which the Hon’ble Court may
deemed fit and proper in the facts and circumstances of this
case and in the public interest.”
-AND-
” In the interim, pending disposal of the present writ petition,
Your Lordship’s may be graciously kind enough to pass an
interim order directing the respondents not to remove/
terminate the service of the petitioner, in view of the facts and
circumstances of the present writ petition to meet the ends of
justice.”
[3] During the pendency of this writ petition, the petitioner also
filed a misc. application registered as MC(WP(C)) No. 54 of 2020
praying for directing the State respondents to release the entitled
pay, allowances and arrears of the petitioner w.e.f. 16-12-2016 till
date within a stipulated period for the interrupted service rendered by
the petitioner as System Analyst in the Sarva Shiksha Abhiyan (SSA)
under the Department of Education (S), Government of Manipur.
[4] In the midst of hearing of this writ petition, Mr. L. Anand,
learned senior counsel appearing for the petitioner submitted that he
has received instruction from the petitioner that the petitioner will not
press all the prayers made in the writ petition, which has been quoted
hereinabove. It has also been submitted that the petitioner will be
satisfied if the reliefs sought for by him in the aforesaid misc. application
filed by him, i.e., for releasing the pay and allowances due payable to
the petitioner during the period from 16-12-2016 till date for the service
rendered by him as System Analyst in SSA is granted.
WP(C) No. 532 of 2019 & anr. Contd.../-
[4]
[5] In view of the submission made above, all the prayers made
by the petitioner in the present writ petition are hereby dismissed as
being not pressed. This court will confine to the consideration as to
whether the petitioner is entitled to receive the pay and allowances as
claimed by him in the said misc. application.
[6] The facts of the present case, in a nutshell, are that the
Office of the State Project Director, Sarva Shiksha Abhiyan, State
Mission Authority, Manipur, issued a Notice dated 21-02-2011 inviting
applications for filling up 527 different categories of posts on contractual
basis, including 35 posts of System Analyst cum District Co-ordinator
(MIS)(SA 04). As per the said Notice, the essential educational
qualifications prescribed for the posts of System Analyst cum District
Co-ordinator (MIS) are as under:-
(i) M.Sc. (Computer Science) M.Sc. (I.T.)/M.C.A./ M.B.A. (IT)/ PG
D.I.T.M from a recognized University/ Institute.
(ii) At least 2 (two) years experience in the data processing/
data management, software development with following
skill areas: VISUAL BASIC, VISUAL FOXPRO, SQL, JAVA,
COBOL, HTML, SML, ASP, DHTML.
(iii) Candidates with requisite qualification for System Analyst
working under SSA as Data Entry Operator or at least 2 (two)
years will be given preference.”
The petitioner applied for the post of System Analyst cum
District Co-ordinator (MIS) pursuant to the said Notice and on being
selected, he was appointed as System Analyst cum District Co-ordinator
WP(C) No. 532 of 2019 & anr. Contd…/-
[5]
(hereinafter referred to as ‘SADC’ for short) as a Schedule Tribe
candidate on contract basis vide Notification dated 17-04-2012 issued
by the Principal Secretary (Education-S), Government of Manipur and
the petitioner continue to render his service as a SADC on contract
basis without any interruption.
[7] Subsequently, the Commissioner (Edn.-S), Government of
Manipur, issued an order dated 16-12-2016 regularizing/ absorbing
the contractual service of 23 SADCs, including the present petitioner,
w.e.f. the date of issue of the said order. In the said order, it was also
specifically mentioned that such regularization/ absorption will be subject
to verification of their characters & antecedents, testimonials, medical
fitness, etc. It is the case of the petitioner that after his service has been
regularized, he continued to render his service as a regular SADC and
there is no dispute with regard to the fact that his service as a regular
SADC had been utilized by the authorities and that the petitioner is still
continuing to render his service as a regular SADC till today.
[8] The grievance of the petitioner is that even though his
contractual service as a SADC had been regularized by the Government
and even though the authorities utilized the service of the petitioner as a
regular SADC without any interruption, the respondents have failed to
release the monthly pay and allowances due payable to the petitioner
without giving any reason.
[9] The petitioner come across a letter dated 18-08-2018
from the Deputy Secretary, Education (S), Government of Manipur,
WP(C) No. 532 of 2019 & anr. Contd…/-
[6]
addressed to the Director, Education (S), Manipur, stating that upon
verification of characters, antecedents, medical fitness, testimonials of
the regularized employees of SSA and RMSA under the Education
Department, the Government has conveyed its approval in respect of
244 (two hundred and forty four) employees, whose verification of
testimonials, characters and antecedents certificate, medical fitness
certificate issued by the concerned authorities are found to be in order.
However, in respect of 9 employees, who have absented themselves
during the verification process, cancellation/ termination order are to be
issued and that in respect of 4 (four) employees, the matter shall be
considered after formalizing the process in respect of the said 244
employees and 9 employees as mentioned in the said letter.
[10] On having knowledge about the said letter, the petitioner
approached this court by filing the present writ petition. It has been
submitted on behalf of the petitioner that even though the petitioner
had rendered his service as a regular SADC in the Education (S)
Department, his monthly pay and allowances has not been released by
the authorities since 16-12-2016. The learned senior counsel appearing
for the petitioner submitted that the petitioner is entitled to receive his
monthly pay and allowances for the service rendered by him as a regular
SADC w.e.f. 16-12-2016 till such time the petitioner continue to render
such service.
[11] In support of his contention, the learned senior counsel
appearing for the petitioner relied on the judgment rendered by the
WP(C) No. 532 of 2019 & anr. Contd…/-
[7]
Hon’ble Apex Court in the case of “Man Singh Vs. State of Uttar
Pradesh through Secretary & ors.” reported in 2022 SCC OnLine SC
726 wherein it has been held as under:-
“3. The appellant was appointed as a principal in the year 1974-
1975 when junior High School was upgraded as High School
and was recognized by the State Government. Thus, the
appellant has worked for almost 24 years before the services
came to be cancelled for the reason that he is relative of the
member of the Selection Committee.”
“4. The order dated 24.12.1998 also records that the money be
recovered from the appellant which has been paid to him, as
a result of his irregular appointment for the post of Principal.”
“5. We find that the High Court has failed to consider the fact that
even if the appointment was irregular, the appellant had
discharged the duties and in lieu of duties, he had to be paid.
The State cannot take any work from any employee without
payment of any salary.”
[12] Mr. Th. Vashum, learned GA appearing for the respondents
submitted that in the Notice dated 21-02-2011 issued by the Office of the
State Project Director, SSA, State Mission Authority, Manipur, the
essential educational qualifications for the post of System Analyst
cum District Co-ordinator (SADC) are clearly notified which have been
reproduced hereinabove. Pursuant to the said notice and on being
selected, the petitioner was initially appointed as a SADC on contract
basis vide order dated 17-04-2012 issued by the Principal Secretary
(Education-S), Government of Manipur. Thereafter, the contractual
service of the petitioner was regularized by the Government by issuing
an order dated 16-12-2016 w.e.f. the issuance of the said order.
However, in the said regularization order, it is clearly mentioned that
WP(C) No. 532 of 2019 & anr. Contd…/-
[8]
such regularization shall be subject to verification of the candidates’
characters & antecedents, testimonials and medical fitness, etc.
[13] The learned GA further submitted that as required under
law and as clearly mentioned in the regularization order, the authorities
took up the process for verification of the characters & antecedents,
testimonials and medical fitness of the regularized candidates, including
the present petitioner and on being found out that the petitioner did not
possess the requisite educational qualifications as prescribed in the
Notice dated 21-02-2011, the authorities stopped payment of his monthly
pay and allowances.
It is to be noted here that there is no dispute with regard to
the fact that the educational qualification possessed by the petitioner is
only M.Sc. (Life Science). The learned GA also submitted that he has
received instructions from the authorities in writing that as per the record
available to the Office of the State Project Director, Samagra Shiksha,
Manipur, it has been verified that the remuneration of the contractual
service in respect of the petitioner was released to him till the month of
February, 2018. The learned GA also submitted that by virtue of the
interim order passed by this court on 08-07-2019 in the present writ
petition, the petitioner is still continuing to render his service as SADC till
today and the respondents have not taken up any action for terminating
the service of the petitioner.
[14] It has also been fairly submitted by the learned GA that there
is no dispute with regard to the factum that the petitioner is still continuing
WP(C) No. 532 of 2019 & anr. Contd…/-
[9]
to render his service as a SADC. It has also been strenuously submitted
by the learned GA that as the petitioner did not possess the educational
qualifications for appointment to the post of SADC as notified in the
Notice dated 21-02-2011, the petitioner cannot continue as a SADC and
the authorities have every right and duty to take appropriate action
against the petitioner by following due process of law.
[15] I have carefully considered the submissions advanced by
the leaned counsel appearing for the parties and I have also carefully
examined all the materials available on record. The only issue to be
considered by this court in the present writ petition is as to whether the
petitioner is entitled to receive his monthly pay and allowances for
rendering service as a regular SADC in the Education (S), Government
of Manipur. As elaborately narrated hereinabove, the petitioner was
initially appointed as a SADC on contractual basis w.e.f. 17-04-2012.
Thereafter, the contractual service of the petitioner was regularized
w.e.f. 16-12-2016, however, subject to verification of characters &
antecedents, testimonials and medical fitness, etc. There is also no
dispute with regard to the fact that the petitioner has been rendering
service as a regular SADC by virtue of an interim order passed by
this court on 08-07-2019 in the present writ petition and that the
authorities have utilized the service rendered by the petitioner without
any interruption.
[16] It is trite in law that if the service of an incumbent has been
utilized by the Government, the State is legally liable to pay the salary
WP(C) No. 532 of 2019 & anr. Contd…/-
[10]
attached to the post held by the incumbent for the service rendered by
him. In the present case, as there is not dispute with regard to the fact
that the petitioner continue to render his service as a regular SADC and
the authorities utilized such service without any interruption, this court is
of the considered view that the respondents are under legal obligation to
pay to the petitioner his monthly pay and allowances for the period his
service had been utilized by the Government. Accordingly, the present
writ petition is disposed of with the following directions:-
(i) The respondents are hereby directed to release the monthly
pay and allowances of the petitioner for the service rendered
by him as a regular SADC w.e.f. 16-12-2016 till such time
the petitioner rendered his service as such. However, if the
authorities have already released part of such monthly
emoluments to the petitioners, the authorities are at liberty
to deduct the same from the amount due payable to the
petitioner;
(ii) It is made clear that the whole process for payment of
monthly pay and allowances due payable to the petitioner
shall be completed within a period of three months from the
date of receipt of a certified copy of this order; and
(iii) It is made clear that the respondents are at liberty to consider
as to whether the petitioner will be allowed to continue in
service or not in accordance with the procedure established
by law.
WP(C) No. 532 of 2019 & anr. Contd…/-
[11]
With the aforesaid directions, the present writ petition as
well as the connected application are disposed of.
Interim order passed earlier stands merged with the
present order.
JUDGE
Devananda
FR/ NFR
WP(C) No. 532 of 2019 & anr. Contd.../-