Decided on September 05,2019

RATNA DEVI Respondents


MV MURALIDARAN, J. - (1.) Heard Mr. S.Nepolean, learned Government Advocate for appellants in WA No.19 of 2019 and Mr. H.S.Paonam, learned senior counsel for the appellant in WA No.23 of 2019.
(2.) Before the learned Single Judge, there was an interim order on 26.10.2018 which reads as follows:- "Heard Mr. Kh. Tarunkumar, learned counsel for the petitioner. In the instant writ petition, the order dated 22.10.2018 is under challenge on the inter- alia grounds that the private respondent has no experience as regard the administration and there is no reason assigned in the impugned order as to why the petitioner has been divested with the additional charge as Registrar, Manipur Nursing Council. The action of the State Government is unreasonable in terms of law laid down by the Hon'ble Supreme Court in State of Haryana and Ors Vs Piara singh and Ors: (1992)4 SCC 118 wherein Ad-hoc/ Temporary employee cannot be replaced by another Ad-hoc or Temporary employee. It is further contended by the learned counsel for the petitioner that in terms of order of law laid down by Hon'ble Supreme Court in State of Haryana and Ors Vs Piara Singh and Ors: (1992) 4 SCC 118, the impugned order is not sustainable in the eye of law. In view of above, let the petition be admitted and notice be issued to respondents returnable in 4 (four) weeks. Shri K. Jagat, learned Government Advocate accepts notice on behalf of respondents Nos.1,2 and 3 and hence, no formal notice is called for. As regard the respondent No.4 , step be taken by the counsel appearing for the petitioner for service of notice upon him by speed post. Interim prayer shall be considered on 30.10.2018. Till then, the impugned order dated 22.10.2018 shall remain suspended." It has been continuing till disposal of the writ petition. The final order of the learned Single Judge at para No.14 is a direction as follows:- "[14] In view of the above and for the reasons stated hereinabove, the instant writ petition is allowed with the following directions. (a) The Government order dated 22-10-2018 issued by the Joint Secretary (Health and FW), Government of Manipur is quashed and set aside; (b) The State Government shall honour, respect and implement the instruction/guideline of the Indian Nursing Council, a statutory body by taking appropriate and immediate steps to ensure that the post of the Nursing Registrar of the Council is created at the earliest possible and is filled up in accordance with the Act,2005, preferably within three months from the dated of receipt of a copy of this judgment and order; (c) The petitioner shall be allowed to continue as the Nursing Registrar of the Council in terms of the order dated 17-08-2018 issued by Deputy Secretary (Health &FW) , Government of Manipur; (d) There shall be no order as to costs."
(3.) The WA No.23 of 2019 has been filed by Smt. Thoudam Nandarani Devi, pleading that the appellant, Smt. Thoudam Nandarani Devi, Associate Professor, was appointed on a three year term to the post of Nursing Registrar and she was not holding an additional post of Associate Professor, whereas the private respondent/writ petitioner, Smt. Khundrakpam Ratna Devi, is holding the post of Associate Professor and is also given in-charge as Nursing Registrar. This differentiation has been overlooked by the learned Single Judge and therefore, the decision of the Hon'ble Supreme Court in the State of Haryana vs. Piara Singh & ors. (1992) 4 SCC 118 will not be applicable to the facts and circumstances of the case. On the above plea, the appeals have been canvassed by both Smt. Thoudam Nandarani Devi, the appellant in WA No.23 of 2019 and the State in WA No.19 of 2019.;

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