USHAM DHARMARAJ MEETEI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. Y. Nirmolchand, learned senior counsel assisted by Mr. L. Raju, learned counsel appearing for the petitioner; Mr. Phungyo Zingkhai, learned Deputy GA appearing for the respondents No. 1, 2 and 3 and Mr. S. Suresh, learned counsel appearing for the respondent No. 4.

(2.) The facts of the present case, in a nutshell, is that the petitioner was initially appointed as Manipur Health Services (MHS) Grade - IV Medical Officer on adhoc basis by an order dtd. 11/3/1996. Subsequently, by an order dtd. 21/12/1998 issued by the Secretariat, Health Department, the adhoc service of the petitioner was regularised retrospectively w.e.f. the date of his initial adhoc appointment, i.e., 11/3/1996. While the petitioner was serving as Medical Officer Grade -IV, he was selected for undergoing Post-Graduate course at the Regional Institute of Medical Sciences (RIMS), Imphal and the Director of Health Services, Government of Manipur, nominated the petitioner as a Government nominee for admission to the Post-Graduate course in Pharmacology for the academic session 2001-2002. The petitioner successfully completed his Post-Graduate course in the month of August, 2004 and thereafter, he continued to serve as a Medical Officer Grade-IV in the Health Department upto 22/3/2007, for about two years and seven months after completion of his Post-Graduate course.

(3.) While the petitioner was serving as a Medical Officer Grade-IV in the Health Department, Manipur, he obtained a 'No-Objection Certificate' from the competent authority for appearing in a selection test for appointment as a Demonstrator in RIMS. On being selected, the Director of RIMS issued an order dtd. 1/2/2007 appointing the petitioner as a Demonstrator in the Department of Pharmacology, RIMS in a temporary capacity w.e.f. the date he joined for duty. On receiving a copy of the said appointment order, the petitioner submitted an application dtd. 26/2/2007 to the Secretary (Health), Government of Manipur, requesting to issue release order so as to enable him to join in RIMS. The request made by the petitioner was allowed by the Government by issuing an order dtd. 22/3/2007 and released the petitioner from Manipur Health Services with immediate effect for joining as Demonstrator in the Department of Pharmacology, RIMS, Imphal. In the said order, it is also mentioned that the petitioner's past service in Manipur Health Services can be counted as qualifying service in RIMS under the provisions of Rule 14 of the CCS (Pension) Rules, 1972 as he applied for the post of Demonstrator with due permission from the State Government.