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PETITIONER: ALL MANIPUR GOVERNMENT COLLEGESTEACHERS ASSOCIATION

       Vs.

RESPONDENT: ALL MANIPUR COLLEGE TEACHERSASSOCIATION & ORS.

DATE OF JUDGMENT:       19/04/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J)

CITATION:  JT 1996 (5)   203        1996 SCALE  (4)451

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      These appeals  by special leave arise from the order of the Division  Bench of  the High  Court of  Gauhati made  on August 2,  1994 in W.A. Nos.30 and 31 of 1993. This Court on February 9,  1996 noticed  the contention raised by Shri Rao that the  Principals in  the private  colleges taken over by the Government,  were not  required to put in minimum length of service  as lecturer,  while the  lecturer in  Government college, to  become Principal  is required  to put  in three years’ service, as initial period, to become lecturer and 10 years’ service  thereafter as a lecturer. The  Government in G.O. No.9  dated 11.4.1994, while exercising the power under Article 309 of the Constitution issued the orders w.e.f. the date of  the application  indicating that  the past  service rendered by  the employees  of the  Government  colleges  in Government aided/private educational institutions which were subsequently taken over by the State Government on or before December 20,  1979 shall be counted as experience of service required for  promotion or  direct recruitment,  as the case may be, provided that there were no interruption in between. based thereon  it was contended that since the Principal who worked in  the private  colleges were  appointed directly or promoted as principals without insisting upon the minimum 10 years’  service   they  would  always  steal  a  march  over Government  lecturers   to  become  Principal  and  also  as Directors in  the higher  leader of  services and  that  the discrimination would always loom large as against Government lecturers/Principals since  the Principals  of  the  private colleges would remain to be seniors to the principals in the Government colleges. Since the learned counsel appearing for the State  did not have instructions, she had sought for and was granted time. The Government have now explained in their orders that they are insisting upon the private lecturers 10 years’ service  as Principal  for promotion  as Director and that,  therefore,  the  seniority  is  being  counted  after

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computing minimum  10 years’  service as lecturer/principal, as the  case may  be, to  the post  of Directors.  If, as  a consequence of  such computation,  they become  seniors, the inevitable would follow and no discrimination can be imputed on that  account. It  is also  made clear  by the Government that they  are maintaining  two separate  seniority  of  the Government teachers and of the teachers/Principals worked in the taken-over  colleges, as  another list. It is made clear that the  above order would be applicable only in respect of the teachers  of the taken-over colleges as indicated in the rule itself.      The appeals are disposed of accordingly. No costs.