SHOUGRAKPAM Supp. IN. 4

DEVANANDA SHOUGRAKPAM DEVANANDA

SINGH

SINGH Date: 2025.12.17 13:30:18 +05'30'

IN THE HIGH COURT OF MANIPUR

AT IMPHAL

WP(C) No. 187 of 2025

Shri Dr. Sorokhaibam Bikramaditya Meitei, aged about 61 years, S/o (L) S. Bhuban Chandra Singh, a resident of Kwakeithel Laishram Leikai, P.O. Imphal, P.S. Singjamei,

Imphal West District, Manipur – 795001.

... Petitioner

-Versus-

1. The State of Manipur, represented by the Principal

Secretary (Health & Family Welfare), Government of Manipur, New Secretariat Building, South Block, P.O. &

P.S. Imphal, Imphal West District, Manipur – 795001.

2. The J.N. Institute of Medical Sciences, through its

Director, Porompat, P.O. & P.S. Porompat, Imphal East,

Pin – 795005.

… Respondents

B E F O R E

HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH

JUDGMENT & ORDER

(Oral)

16-12-2025

[1] Heard Mr. N. Ibotombi, learned senior counsel assisted by Mr. Th. Ningtamba, learned counsel appearing for the petitioner

and Mrs. L. Monomala, learned GA appearing for the respondents.

The present writ petition has been filed with the prayer for directing the respondents to issue promotion/ up-gradation order of the petitioner as Assistant Professor (Non-functional), JNIMS, under the Time-Scale Promotion (Regularly appointed Senior Resident/ Tutor/ Demonstrator/ Lady Medical Officer possessing Post-Graduate Degree) Rules, 2018 on the basis of the recommendation made by the DPC in its meeting held on 14-12-2021 coupled with a prayer for quashing and setting aside the impugned letter dated 25-01-2025 of the Director, JNIMS, requesting the Secretariat: Health Department, Government of Manipur, regarding age of superannuation of regularly appointed Senior Resident/ Tutor/ Demonstrator/ LMO and other Medical Officers of JNIMS.

[2] The case of the petitioner is that he was appointed as Senior Resident in the Department of Psychiatry in the Jawaharlal Nehru Institute of Medical Sciences (“JNIMS”, for short). While he was working as Senior Resident, a DPC was held on 14-12-2021 for giving promotion/ up-gradation to the posts of Assistant Professor (Non-functional) in JNIMS in respect of various Departments and the case of the petitioner was also considered. It is also the case of the petitioner that because of pendency of a Departmental Enquiry against him, the result of the said DPC in respect of the petitioner was kept in a Sealed Cover. Subsequently, the said Departmental Enquiry against the petitioner was concluded with the report that the charges framed against the petitioner cannot be proved and consequently, the Departmental Enquiry was closed by exonerating the petitioner from all charges. Later on, the Director, JNIMS, wrote a letter dated 10-06-2022 to the Chief Secretary (Health & Family Welfare), Government of Manipur seeking approval to open the Sealed Cover in respect of the petitioner and after obtaining approval of the Government, the Sealed Cover was opened and it was found that the DPC recommended the petitioner for promotion to the higher post of Assistant Professor (Non-functional). However, no appointment order was issued by the authorities despite the said recommendation made by the DPC [3] In the meantime, the Deputy Director (Admn.), JNIMS, wrote a letter dated 14-02-2023 wherein it was indicated that the petitioner is due to retire from service w.e.f. 28-02-2023 on attaining the age of superannuation. Having been aggrieved, the petitioner approached this court by filing WP(C) No. 181 of 2023 assailing the said letter and in the said writ petition, this court passed an interim order directing the respondents to allow the petitioner to continue in service and that he should not be made to retire from service without the leave of this court and the said interim order is still continuing till today. It is also the case of the petitioner that by virtue of such interim order, he is still continuing in service and in the meantime, the Director, JNIMS, wrote a letter dated

09-09-2024 addressed to the Chief Secretary (Hea