DR. KSH. BASANTA Vs. T. GOMTI DEVI

JUDGEMENT

(1.) THE present four writ appeals have been directed against the common judgment and order passed by the learned Single Judge on 7.12.1998 in Civil Rule Nos. 1222 of 1998 and 1226 of 1998. The controversy between the Medical Officers appointed in Grade IV of the Manipur Health Services on ad hoc basis in one side and the unemployed Doctors who applied for direct recruitment through Manipur Public Service Commission (MPSC) leads to the filing of many writ petitions and writ appeals in which conflicting orders have been passed by the High Court. In order to decide all the disputes, it has become imperative to pass a uniform order covering all the cases so that the disputes between these two groups can be settled once for all. Accordingly, these four appeals which involve same question of fact and law are disposed of by this common judgment and order. It has been proposed to dispose of Writ Appeal No. 10/99 and other writ petitions which are now pending in Imphal Bench of the Gauhati High Court. Accordingly all the cases have been listed and the learned counsel of all the parties in these appeals as well as other appeals and connected writ petitions, have been heard. However, Mr. H. S. Paonam who is representing the appellants of W.A. No. 10/99 and other respondents in other appeals and also for petitioners in some writ cases could not be heard because of his absence on various dates of hearing of these cases. In spite of assurance of given by Mr. Paonam, ld. Counsel appearing on behalf of the appellants and respondents in some cases to argue the case, he did not turn up for making his submissions and considering the urgency of the matter we propose to dispose of all the cases in absence of Mr. H.S. Paonam.

(2.) IN the year, 1996 the MPSC was not functioning because of resignation of the Chairman of the Commission. The Manipur Health Services Rules provides that the recruitment in Grade IV of the Manipur Health Services shall be made by direct recruitment through MPSC. As the Commission was not functioning in the year, 1996 and as the Government felt it necessary to appoint some Medical Officers for different Hospitals in the State, the Government issued advertisement on 22.2.1996 (Annexure -B/2) for appointment of 59 Medical Officers in Grade IV of the services and 18 posts of Dental Surgeons on ad hoc basis for a period of 6 months. In pursuance of the aforesaid advertisement, the Govt. by order dated 11.3.1996 appointed 125 Medical Officers against 59 vacancies advertised and 21 Dental Surgeons were appointed against 18 advertised posts. Having felt aggrieved by the appointment of the aforesaid Medical Officers and Dental Surgeons issued on 11.3.1996, the unemployed doctors who were aspirant for appointment in Grade IV of the Manipur Health Service challenged the aforesaid ad hoc appointment of the Medical Officers by filing writ petition which have been registered as C.R. No. 409/96, 456/97 in Imphal Bench of the Gauhati High Court.

(3.) TAKING advantage of a Government direction of deferring the recruitment process the ad hoc Dental Surgeons and ad hoc Medical Officers who were respondents in Civil Rule 409 of 1996 and in Civil Rule 456/96 formed an Association under the named and style, "All Manipur Ad hoc Medical Officers (through DPC/Screening Committee) Association" to press their demand for their regularisation of their ad hoc services. Shri Kh. Deva Singh, petitioner in C.R. No. 1222/98, General Secy. of the aforesaid Association who was respondent in C.R. No. 409/96 and joint writ appellant in writ Appeal, No. 51/97 along with 2 others filed writ petition which has been registered as Civil Rule No. 751/97 and 753/97 to regularise the services of ad hoc Medical Officers and ad hoc Dental Surgeons.