HC orders Govt to pay MHRC's former Acting Chairperson
Source: The Sangai Express
Imphal, May 22 2024:
The High Court of Manipur has directed the State Government to pay the due salaries and other allowances to Advocate Khaidem Mani for performing as the Chairperson of Manipur Human Right Commission (MHRC) for four years.
Notably, Khaidem Mani was appointed as a member of MHRC on August 25, 2018 but on the same day another notification was issued authorising Kh Mani to act as the Chairperson of the Commission until a new Chairperson was appointed.
Kh Mani served and acted as the Chairperson of MHRC for four years since he assumed the office on August 30, 2018 .
Kh Mani, in his petition, claimed that he was, however denied to draw the salary and allowance of the Chairperson of MHRC under the rule of MHRC (Salaries and allowances and other terms and conditions of the service of the Chairpersons and Members) .
Chief Secretary, Commissioner (Law) and the Principal Accountant General were named as the respondents.
To the petition, the State respondents submitted that Kh Mani was not qualified to be the Chairperson of MHRC as the qualification of MHRC is to be Chief Justice or retired Chief Justice of the High Court.
It was also submitted that Kh Mani had already accepted his emoluments and entitlement/allowances of MHRC without any protest and he had failed to produce any legal documents for the pending due salaries and allowances.
The Court, after hearing both the parties, ruled that the discharge of duty and function of the Chairperson of MHRC by the petitioner during his tenure as a Member of the Commission for four years cannot be said as a stop gap arrangement.
Rather, Kh Mani as a Member of Manipur Human Right Commission was made to discharge the function of the Chairperson but denied the full salary, the Court also ruled and asked the State respondents to pay the difference of pay of the Chairperson and Member to the petitioner and to send the necessary papers to the office of the Principal Account General within two months.
The High Court also said that the process for payment of arrears of pay and allowance should be completed within three month.
The Court has disposed of the case.