"We Cannot Wake Up Sleeping Persons From Slumber": Meghalaya HC Dismisses Teachers' Plea Seeking Additional Increment
The Meghalaya High Court dismissed writ appeal filed by some teachers seeking additional increments.
The Division Bench of Chief Justice S. Vaidyanathan and Justice W. Diengdoh observed, “As additional increment is not a continuing ground and that the appellants/writ petitioners have slept over the matter for more than eight years, we cannot wake up the sleeping persons from the slumber to grant the relief.”
Advocate S Sen appeared for the Appellants and GA KP Bhattacharjee for the Respondents.
The Appellants were the teachers in a deficit college, serving as Associate Professors. They had preferred a writ petition on the ground that they had been placed at a higher stage of academic grade pay but denied the increment to which they were entitled.
According to the appellants, there was a scheme in 2008 which recommended the grant of increment in terms of the 6th Central Pay Commission and though the Government of Meghalaya had adopted the said scheme, there was no payment. The Professors were also entitled to additional increments but they made the representation after eight years in 2020.
The Single Judge came to the conclusion that no relief could be granted as there was a delay of more than eight years in making the representation.
The Court placed its reliance on the landmark judgments in Union of India v Tarsem Singh (2008 SC), Union of India v N Murugesan (2022 SC) and Bichitrananda Behera vs. State of Orissa & Ors. (2023 SC).
“The additional increment which the appellant/writ petitioners claim is not a continuous one. The cause of action is not continuous and it has no bearing with regard to the grant of other benefits as it is not going to affect the terms of benefits including pensionary benefits, if any.”, the Court said.
Accordingly, the Court dismissed the Appeal and said that the Professors had acquiesced to their rights.
Cause Title: Amanda B Basaiawmoit and Ors. v. State of Meghalaya and Ors. (Neutral Citation: 2024: MLHC:542-DB)
Appearances:
Appellants: Advocates S Sen and S Shallam.
Respondents: GA KP Bhattacharjee
