Newmai News Network Imphal | September 24 The All Tribal Rights Protection Forum Manipur (ATRPFM) has threatened to take up different measures filing a writ petition in the High Court of Manipur if the State Government of Manipur continues to "deny justice" to the ex-employees of Autonomous District Council (ADC). ATRPFM stated today that, "on behalf of all employees of Autonomous District Council, Manipur", it had given sufficient time to implement the 'Scheme for Payment of Pension to the Employees of District Councils of Autonomous Hill Districts of Manipur'. "However, the State government has failed to implement till date which is bias and unconstitutional," the ATRPFM alleged. According to the tribal rights body, the employees under Autonomous District Council, Government of Manipur, have been deprived of their rights to service pension till date "which is discriminatory, arbitrary, bias and unconstitutional". ATRPFM pointed out that, Article 14 of the Constitution of India mandated equal treatment to all citizens of the country and this right cannot be deprived of by the State. "Every employee who is paid from the consolidated fund of the government or State fund is entitled for service pension and other service benefits, the tribal rights body also said. It then stated that, right to service pension is a statutory right and cannot be deviated from. "However, the State Government has failed to extend the pensionery benefits in favour of ADC employees of the State which is hit by Article 14, 21 and other cognate Articles and the provisions of the Manipur Civil Service (Pension) Rules, 1977," the ATRPFM stated. According to the ATRPFM, the Governor of Manipur had framed Rules under Section 51(2)(vi) of the Manipur (Hill Areas) District Council Act, 1971, for giving service pension in respect of ADC employees and a notification has been issued by the Commissioner (Hills), Government of Manipur to that effect vide Notification dated 18.07.1991, bearing No. CHA/79/83-Pt. which was published in Manipur Gazette on July 18, 1991. The tribal rights body added that the said rules "shall be deemed" to have come into force on the first day of July, 1991. However, the State Government had failed to implement the same, it further alleged. According to the ATRPFM, again, the same rules were notified by the Principal Secretary to the Government of Manipur on August 29, 2006 "which be deemed" to have come into force on February 28, 2006, vide Notification No. CHA/79/83-Pt. "But State Government is reluctant to implement the said Rules in spite of repeated approach and requests by ex-employees, employees and civil organisations," it added. The ATRPFM then said that the Governor of Manipur had further amended the ‘Scheme for Payment of Pensions to the Employees of District Councils of Autonomous Districts of Manipur issued under Notification of even number dated 22/08/2006. A Notification dated January 8, 2007 to that effect was issued by Commissioner (Finance), Government of Manipur and published in the Manipur Gazette on January 30, 2008, it also stated. "It is clearly mentioned at Item No. 1.7 under Para 2 of the said Notification 08.01.2007 that the Government has decided to provide fund under Demand No. 14 - Development of Tribal and Scheduled Castes to meet the expenditure on account of payment of pension,/family pension, gratuity, other retirement benefits, etc. as per the Manipur Civil Service (Pension) Rules, 1977 to the District Council officials and staffs", said the tribal rights body. The scheme would take effect from 28/02/2006 as per the notification, it further said. "The Governor of Manipur further amended the 'Scheme for Payment of Pension to the Employees of District Councils of Autonomous Hill Districts of Manipur' in 2016 with all details such as Extent of Application; Maintenance of Service Book; Preparation of Pension Papers; Completion of Pension Papers; Determination of Pension; Pension Issuing Authority; Pension Disbursement Authority; Provisional Pension / Gratuity; and Consultation with Finance Department (PIC)", said the ATRPFM. According to the tribal rights body, the fund for pension to employees of Autonomous District Councils has been included in the State Budget under Demand No. 14 of the Tribal Affairs and Hills Department, Government of Manipur since 2007-08 financial year of which Rs 193.81 lakhs was earmarked. It also stated that the fund for pension of ADC employees is also reflected in the Budget, 2018-19 with Rs 247.81 lakhs. "Thus, the fund for pension in respect of employees of Autonomous District Councils has been reflected in the State Budget from the financial year 2007-08 till 2018-19. “However, the State government has failed to implement it," it further stated. "It is shameful in the part of the government that they question their own laws and rules," the ATRPFM said, adding, "It is the government who made those acts and rules, and now they are questioning their own laws which is amounted to mockery". As a rule, according to the ATRPFM, the following employees in the categories of "persons in whole time employees; paid on a monthly basis; and persons paid from consolidated funds of the State" are entitled to enjoy service pension and other benefits. "But the Finance department, Government of Manipur has not approved yet, and those ex-ADC employees are still deprived of their entitlements without service pension," it also alleged.
