K. SHYAM Vs. THE PRESIDENT OF JAWAHARLAL NEHRU INSTITUTE OF MEDICAL SCIENCES

JUDGEMENT

(1.) HEARD Shri R.K. Manikanta, learned counsel appearing for the petitioner and Shri A. Bimol, learned counsel appearing for the respondent, JNIMS.

(2.) THE application being M.C. (W.P.(C)) No. 130 of 2014 has been filed by the petitioner praying that the respondent be directed to release provisionally the arrear of salary to the extent of 90 % as per rules. Admittedly the petitioner was at the relevant serving as Medical Officer (M.O.) in the Jawaharlal Nehru Hospital, Porompat. The Jawaharlal Nehru Hospital, Porompat came to be merged with Jawaharlal Nehru Institute of Medical Sciences (JNIMS) and accordingly, the Commissioner (Health & Family Welfare), Government of Manipur issued an order dated 02 -05 -2009 by which the existing Jawaharlal Nehru Hospital, Porompat and its staff was placed under the academic, administrative and disciplinary council of the Director, Jawaharlal Nehru Institute of Medical Sciences subject to the terms and conditions mentioned therein. While the petitioner was working so, the Commissioner (Health & Family Welfare), Government of Manipur issued another order dated 10 -01 -2012 by which the petitioner was repatriated from J.N. Hospital/JNIMS, Porompat and posted at the District Hospital, Churachandpur with immediate effect and until further order. In line with the said order dated 10 -01 -2012, the Director of Health Services, Manipur issued a memorandum dated 12 -01 -2012 informing the petitioner that the petitioner should comply with the said order dated 10 -01 -2012 issued by the Commissioner (Health & Family Welfare) and join immediately failing which action would be initiated. After the receipt of a copy of the letter dated 13 -01 -2012 from the Government of Manipur, Secretariat: Health Department, the Director, JNIMS issued a memorandum dated 21 -01 -2012 ordering that payment of salary of the petitioner from JNIMS fund be stopped w.e.f. 13 -01 -2012.

(3.) THIS Hon'ble Court passed an order dated 24 -04 -2014 in W.P. (C) No. 28 of 2013 directing that the impugned order of repatriation shall be subject to the result of the writ petition. While the said W.P. (C) No. 28 of 2013 was pending, the petitioner filed the present writ petition being W.P. (C) No. 442 of 2014 praying inter -alia that the respondents therein be directed to release the arrear of salary of the petitioner for the period from July, 2012 till date and the petitioner has filed the present application for release of his arrear of salary provisionally to the extent of 90 % as per rule in the said writ petition.