L. RAICHANDRA SINGH Vs. COMMISSIONER/SECRETARY (HEALTH) GOVT. OF MANIPUR

JUDGEMENT

(1.) IN this batch of cases, the petitioners challenge the order dated 2nd November, 2011 passed by the Joint Secretary, Health and Family Welfare, Govt. of Manipur regularising their ad -hoc appointment w.e.f. 03.09.2001 notionally for the purpose of pensionary and other service benefits but without seniority benefit.

(2.) THE parties to the proceedings have been litigating for more than a decade on several issues. Several writ petitions have been filed in the Gauhati High Court (Imphal Bench) as well as Supreme Court with regard to regularisation of the petitioners in service but the question involved in the present case is in relation to fixation of seniority.

(3.) WHILE the matter stood thus the State Government took a policy decision vide Office Memorandum dated 19.8.1998 for regularisation of the ad -hoc appointees to Class I and II direct recruits posts on 31.12.1998. On the same day, another Notification was issued by adding Regulation 21 to the MPSC (Exemption from Consultation) Regulation, 1972 thereby making it not necessary to consult the MPSC in regard to regularisation of the ad -hoc appointees who fulfil the requirements mentioned in the said Regulation. Since the Government failed in regularising the service of the petitioners and similarly placed other doctors who were appointed on ad -hoc basis, they filed writ applications in the High Court on 7.12.1998. Learned single Judge vide common order dated 7.12.1998 disposed of the writ applications vide Civil Rule No. 1222 of 1998 and Civil Rule No. 1226 of 1998 directing the Government respondents therein to consider the cases of the petitioners for regularisation in terms of the said Office Memorandum dated 19.8.1998 within a specified time. In compliance of the said order dated 7.12.1998 and on recommendation of the Screening Committee, ad -hoc appointment of the petitioners and several others were regularised with effect from 11.3.1998 vide Government order dated 21.12.1998.