DR. SOROKHAIBAM BIKRAMADITYA MEITEI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. N. Ibotombi, learned senior counsel assisted by Mr. Th. Ningtamba, learned counsel appearing for the petitioner and Mrs. L. Monomala, learned GA appearing for the respondents. The present writ petition has been filed with the prayer for directing the respondents to issue promotion/ up-gradation order of the petitioner as Assistant Professor (Non-functional), JNIMS, under the Time-Scale Promotion (Regularly appointed Senior Resident/ Tutor/ Demonstrator/ Lady Medical Officer possessing Post-Graduate Degree) Rules, 2018 on the basis of the recommendation made by the DPC in its meeting held on 14/12/2021 coupled with a prayer for quashing and setting aside the impugned letter dtd. 25/1/2025 of the Director, JNIMS, requesting the Secretariat: Health Department, Government of Manipur, regarding age of superannuation of regularly appointed Senior Resident/ Tutor/ Demonstrator/ LMO and other Medical Officers of JNIMS.

(2.) The case of the petitioner is that he was appointed as Senior Resident in the Department of Psychiatry in the Jawaharlal Nehru Institute of Medical Sciences ("JNIMS", for short). While he was working as Senior Resident, a DPC was held on 14/12/2021 for giving promotion/ up-gradation to the posts of Assistant Professor (Non-functional) in JNIMS in respect of various Departments and the case of the petitioner was also considered. It is also the case of the petitioner that because of pendency of a Departmental Enquiry against him, the result of the said DPC in respect of the petitioner was kept in a Sealed Cover. Subsequently, the said Departmental Enquiry against the petitioner was concluded with the report that the charges framed against the petitioner cannot be proved and consequently, the Departmental Enquiry was closed by exonerating the petitioner from all charges. Later on, the Director, JNIMS, wrote a letter dtd. 10/6/2022 to the Chief Secretary (Health and Family Welfare), Government of Manipur seeking approval to open the Sealed Cover in respect of the petitioner and after obtaining approval of the Government, the Sealed Cover was opened and it was found that the DPC recommended the petitioner for promotion to the higher post of Assistant Professor (Non-functional). However, no appointment order was issued by the authorities despite the said recommendation made by the DPC

(3.) In the meantime, the Deputy Director (Admn.), JNIMS, wrote a letter dtd. 14/2/2023 wherein it was indicated that the petitioner is due to retire from service w.e.f. 28/2/2023 on attaining the age of superannuation. Having been aggrieved, the petitioner approached this court by filing WP(C) No. 181 of 2023 assailing the said letter and in the said writ petition, this court passed an interim order directing the respondents to allow the petitioner to continue in service and that he should not be made to retire from service without the leave of this court and the said interim order is still continuing till today. It is also the case of the petitioner that by virtue of such interim order, he is still continuing in service and in the meantime, the Director, JNIMS, wrote a letter dtd. 9/9/2024 addressed to the Chief Secretary (Health and Family Welfare), Government of Manipur, requesting to take a decision regarding the age of superannuation of regularly appointed Senior Residents and Medical Officers of JNIMS. In the said letter, it is clearly mentioned that the petitioner was recommended by the DPC for promotion to the post of Assistant Professor (Non-functional) Psychiatry, JNIMS with the condition that his promotion shall be subject to the outcome of the disciplinary proceedings initiated against him. It was also mentioned in the said letter that on his promotion, his inter-se seniority will be as per the Seniority List issued vide order dtd. 12/11/2021.