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; Shri A. Bimol and Shri K. Jagat, Govt. Advocates appearing for the respondents.

(2.) THE present writ petition has been filed by the petitioner for releasing his arrear of pay and allowances for the period from July 2012 to 26 -05 -2014.

(3.) IT is not in dispute that the petitioner was a Medical Officer of the Jawaharlal Nehru Hospital, Government of Manipur which came to be merged with the JNIMS, a registered Society vide order dated 02 -05 -2009 issued by the Commissioner (Health & F.W), Government of Manipur directing that the Jawaharlal Nehru Hospital and its staff be placed under the academic, administrative and disciplinary control of the Director, JNIMS subject to the terms and conditions mentioned therein. It is submitted by the counsel for the respondent, JNIMS that no order has ever been issued by the JNIMS either to appoint or absorb the petitioner as its employee and since he continued to be the employee of the State Government having his lien therein, the Commissioner (Health & F.W), Government of Manipur had rightly issued the order dated 10 -01 -2012 repatriating the petitioner from the JNIMS and posting him at the District Hospital, Churachandpur with immediate effect and until further order. It has also been submitted that after the petitioner having been repatriated, no salary could be paid to the petitioner by the JNIMS. The validity and correctness of the said order dated 10 -01 -2012 is being questioned by the petitioner in W.P. (C) No. 28 of 2013 but the contention of the learned counsel for the petitioner that the said order dated 10 -01 -2012 has been stayed vide order dated 24 -04 -2014 passed by this court, is totally incorrect and can not be upheld. The relevant portion of the order dated 24 -04 -2014 is as under: