YUMNAM LOKENDRO SINGH Vs. V CHHIVER

JUDGEMENT

(1.) W.P.(C) No. 1689/1999wasdisposedof by this Court on 11.02.2000. The said petition was filed by (nine) Medical Officers of the Government of Manipur. The petitioners in this Contempt Petition contend that the respondents have defied the direction issued by this court dated 11.02.2000 while disposing of writ petition No. 1689/1999.

(2.) Brief facts as regards the contentions of the writ petitioners may be narrated. The petitioners were sponsored by the Government of Manipur for undergoing Post Graduate Courses in different Institutions of India in different disciplines. The duration of Post Graduate study is 3(three) years. As per Medical Council of India norms as well as Central Council of Homeopathic the duration of Post Graduate Course is 3(three) years. The petitioner have undergone 3 (three) years Post Graduate Course successfully and they have resumed/rejoined their duties as Medical Officers in Manipur. The point that was raised in the writ petition was as regards payment of salary and allowances during the study leave. In this aspect also it may be clarified that they were paid their normal salary and allowances for 2(two) years. The question, therefore, that was to be decided by this Court in the writ petition was as regards the 3rd year. In other words, the dispute was relating study leave for the 3rd year.

(3.) It was recorded by this court in para 3 of the judgment that the learned Advocate General of Manipur appreciated the situation of the case and he made a submission on that certain leave rules were standing in the way of releasing payment of salary and allowances to the writ petitioners for the 3rd year unless amendments were made to the existing rules. It was also submitted by the learned Advocate General that in order to avoid undue hardship to the writ petitioners, the State could resort to the power of relaxation in appropriate cases. This submission was made because the petitioners were sponsored candidates of the Government to undergo studies as stated above. Rule 13 A of Manipur Health Services Amendment Rules, 1936 states:-