STATE OF MANIPUR Vs. K SURJIT

JUDGEMENT

(1.) This judgment and order of ours will dispose of four writ appeals, namely W.A. Nos. 484/2001, 493/2001, 491/2001 and 492/2001 and three writ petitions, namely, WP(C) Nos. 1808/2001, 1810/2001 and 1826/2001 (of Imphal Bench). The first two writ appeals, viz., W.A. Nos. 484/2001 and 493/2001, have been filed by the State of Manipur against the judgment of the learned Single Judge dated 30.11.2001, in WP(C) Nos. 1704/2001 and 1705/2001, and the latter two writ appeals, viz., WA Nos. 491/ 2001 and 492/2001, have been filed by those persons who were selected for the posts of Junior Medical Officer in Grade IV of Manipur Health Service, pursuant to the advertisement, dated 14.7.97. The appellants in the latter two appeals were not the parties in the writ petitions. The above three writ petitions have been filed by the ad-hoc Junior Medical Officers and Dental Surgeons Grade IV, who have prayed for the same relief as has been granted by the learned Single Judge to the writ petitioners vide the impugned judgment.

(2.) The facts giving rise to these appeals may be noticed. As many as 146 persons (i.e., 125 Junior Medical Officers and 21 Dental Surgeons) including the writ petitioners in the three writ petitions, namely, WP(C) Nos. 1808/2001, 1810/2001 and 1826/2001, as well as in the writ petitions which have been disposed of by the learned Single Judge, were appointed to the posts of Junior Medical Officers/Dental Surgeons in Grade IV in the Manipur Health Service (for short, MHS) for a period of six months. Letters of appointment to these ad-hoc appointees were issued between 8th February, 1996 and 12th February, 1997. This was because at the relevant time the Manipur Public Service Commission (for short, MPSC) was defunct. The Manipur Government had invited applications for filling up the posts of Junior Health Officers/Dental Surgeons in Grade IV of MHS on ad-hoc basis. The candidates who had applied faced a screening committee and on the recommendation of the screening committee constituted by the Government, ad- hoc appointees were given appointment, of course, for a period of six months initially, which period had been extended from time to time till the impugned order of termination of their services was passed on 15.10.2001. This order of termination has been made the subject matter of challenge in the present writ petitions, as also was made the subject matter of challenge in the writpetitions disposed of by the teamed Single Judge, against which the writ appeals have been filed.

(3.) While the writ petitioners were working on adhoc basis, a writ petition, namely, Civil Rule No. 409 of 1996, was filed in this Court for issuance of writ in the nature of mandamus directing the respondent State Government to fill in the posts in question on regular basis through the MPSC instead of allowing the adhoc appointees to continue. Learned Single Judge of this Court, vide judgment and order dated 14.3.97 directed that the posts be advertised and be filled up according to the Manipur Health Service Rules, 1982 through the MPSC and the ad-hoc appointees be not given any "further extension. Appeal by the adhoc appointees against the aforesaid judgment and order (Writ Appeal No. 51 of 1997) was dismissed on 5.5.97. Copies of the learned Single Judge's judgment and of the appellate Court have been annexed as Annexure-X/3 and Annexure-X/4, with Writ Appeal No. 484/2001.,