The denial of financial benefits from the effective date of promotion constitutes discrimination, violating Article 14 of the Constitution.

JUDGMENT :

GOLMEI GAIPHULSHILLU KABUI, J.

[1] Heard Mr. L. Anand, learned Sr. counsel appearing for the petitioners in WP(C) No. 605 of 2022 & WP(C) No. 606 of 2022; Mr. S. Biswajit, learned Sr. counsel appearing for the petitioner in WP(C) No. 707 of 2022; Mr. K. Roshan, learned counsel appearing for the petitioner in WP(C) No. 621 of 2022 and Mr. Kh. Samarjit, learned DSGI assisted by Mr. Nongdamba, learned counsel appearing for the respondents.

[2] These writ petitions were filed by the petitioners under Article 226 of the Constitution of India praying inter – alia for issuance of a writ in the nature of mandamus/certiorari or any other appropriate order (s) –

In WP(C) No. 707 of 2022 the petitioner is praying:

(i) to admit the Writ Petition, call for the records of the case and issue rule nisi calling upon the Respondents to show cause as to why the prayers prayed for by the Petitioner should not be granted. And, after hearing them your Lordships may make the rule absolute;

(ii) to issue a writ in the nature of mandamus/certiorari or any other appropriate writ for quashing the portion i.e. “as notional date of promotion without any financial benefits. Financial benefits be given after 24^th March, 2022 in all the promoted faculty members” occurred in the promotion order No. B/3343/2020-RIMS(TSP)/1020 dated 26.05.2022 issued by the Regional Institute of Medical Sciences (RIMS for short) thereby directing the Respondents for suitable modification/rectification in the said promotion order for granting the entitled financial benefits from the date of effective promotion i.e. w.e.f 01.02.2019 in respect of the petitioner in the fact and circumstances of the present case;

(iii) to direct the respondents for granting the entitled arrear to the petitioner by virtue of the promotion Order dated 26.05.2022 within a stipulated timeframe preferable within 2(two) months;

(iv) to pass any other appropriate order(s) or direction(s) that this Hon’ble Court deem fit and proper; and

(v) to award cost of the Petition to the petitioner.

In WP(C) No. 605 of 2022, WP(C) No. 606 of 2022 the petitioners are praying:

(i) to admit the present writ petition;

(ii) to issue rule nisi calling upon the respondents to show cause as to why prayer sought for by the petitioner shall not be granted in the facts and circumstances of the present case;

(iii) to issue a writ in the nature of writ of Certiorari or any other appropriate writ or order (s) for quashing/setting aside the impugned portion of the order bearing No. B/3343/2020-RIMS (TSP) dated the 26^th May, 2022 (Annexure –A/1) issued by the Regional Institute of Medical Sciences, Imphal wherein financial benefits were given only after 24^th March, 2022 to the petitioners with a humble prayer for giving a direction to the respondents to provide financial benefits from the effective date of promotion i.e. 1.1.2019 applicable to the petitioners.

(iv) to set aside the impugned portion of pay structure in the order dated 26.05.2022 (Annexure A/1) and correct the pay anomaly by directing the respondents to give corresponding higher pay matrix under 7^th CPC from the date of its implementation in the facts and circumstances of the present case;

(v) to direct the respondents to release the aforementioned financial benefits including arrears in favour of the petitioners within a period of 2 months.

(vi) To direct the respondents for giving financial benefits by treating the petitioners equally with other similarly situated faculty members (Doctors) who were previously extended promotions under Time Scale Promotion at Regional Institute of Medical Sciences, Imphal;

(vii) Pass any order (s) which the Hon’ble Court may deemed fit and proper in the facts and circumstances of this case and in the interest of justice.

In WP(C) No. 621 of 2022 the petitioners are praying:

(i) to admit the present writ petition;

(ii) to issue rule nisi calling upon the respondents to show cause as to why prayer sought for by the petitioner shall not be gran