G.P. Mathur, J. - (1.) This special appeal has been preferred by the Secretary, Kamla Nehru Memorial Hospital, Allahabad and Dr. J.K. Gupta. Medical Superintendent of the Hospital, against the orders dated 21.3.2001 and 11.1.2002 of a learned single Judge in C.M. Writ Petition No. 10370 of 2001. Dr. Alok Singh (respondent No. 1 in the appeal) was initially appointed as a House Surgeon in Kamla Nehru Memorial Hospital (hereinafter referred to as the Hospital) for a fixed period from 1.1.1999 to 30.6.1999. His appointment was extended twice and the last extension was given from 1.1.2001 to 28.2.2001. Thereafter, he was given a notice that his tenure as house surgeon will come to an end on 28.2.2001 and, accordingly, he may complete No Dues formalities and he may vacate the Doctors' Hostel. He then filed the writ petition, giving rise to the present appeal, praying that the notice dated 28.2.2001 may be quashed and the respondents in the writ petition may be restrained not to create any hurdle in his completion of course of Diploma in Child Health and further he may not be required to vacate the Hostel. The learned single Judge, who heard the writ petition for admission on 21.3.2001, directed for issuance of notice to the appellants in the present appeal and also passed the following order on the same day : ".......Until further orders of this Court, the respondents are directed to continue the petitioner as House Surgeon in the Department of Paediatrics on the consolidated salary which was payable to him and the petitioner shall continue to reside in Doctor's Hostel in room No. 14 of Kamla Nehru Memorial Hospital, Allahabad and the effect and operation of the order dated 28.2.2001 and 16.3.2001. Annexure-5 to the writ petition, shall remain stayed. The respondents are further directed to permit the petitioner to complete his diploma in Child Health which will come to an end on 31.12.2001."
(2.) The writ petitioner moved an application on which the following order was passed on 11.1.2002 : "Heard Shri Vishwa Ratan Dwivedi learned counsel for the petitioner and Shri Piyush Bhargav learned counsel for the respondents. By interim order dated 21.3.2001, the petitioner was permitted to stay in the Hostel of Kamla Nehru Memorial Hospital. Allahabad till the Diploma in Child Health comes to an end. Earlier the date of completion of course was mentioned as 31.12.2001. Therefore, the interim order was restricted till 31.12.2001. It is not disputed by learned counsel for the respondents that the examination of Diploma in Child Health has not yet been held. The stay order is extended and the petitioner is permitted to stay in the Hostel till the Examination are held. However, it is made clear that as soon as the examinations are over the petitioner will vacate the hostel and he shall not wait for the declaration of result of the examination." The present special appeal has been preferred challenging the above quoted orders dated 21.3.2001 and 11.1.2002.
(3.) Learned counsel for the appellants has submitted that the Kamla Nehru Memorial Hospital is not a State within the meaning of Article 12 of the Constitution and therefore, the writ petition was not maintainable and no interim order could be passed in favour of the writ petitioner. It has also been submitted that the appellants (respondent Nos. 1 and 2 to the writ petition) had filed counter-affidavit in the writ petition on 2,5.2001 and no rejoinder-affidavit has been filed by the writ petitioner till now. However, he moved an application for extension of the stay order on which an order was passed on 7.1.2002 for listing it in the next cause list. Before the matter could be listed the writ petitioner filed another application on 9.1,2002 on which the impugned order dated 11.1.2002 was passed by which the ex parte stay order has been extended though the writ petition has not been admitted. Learned counsel has further submitted that the writ petitioner was given a time bound appointment which came to an end on 28.2.2001, and, in view of these facts, the direction issued by the learned single Judge to continue the writ petitioner as House Surgeon in the Hospital and to pay him salary and further to allow him to stay in the Hostel is wholly illegal. Learned counsel for the writ petitioner has submitted that the impugned orders have rightly been passed and there is no ground to interfere with the same.;