JOHN v. Union of India

BEFORE HON’BLE MR. JUSTICE MV MURALIDARAN

13.06.2022 [1] Heard Mr. Anand, learned counsel for the petitioner, Mr.Kh. Samarjit, learned ASG for the Union of India and Mr. H. Samarjit, learned counsel for the State respondents. [2] Mr. L. Anand, learned counsel for the petitioner represented that the writ petitioners have filed these writ petition seeking prayer as follows: (i) to admit the present writ petitions. (ii) to issue rule nisi calling upon the respondents to show cause as to why a prayer as sought for by the petitioners shall not be granted in the facts and circumstances of the present case. (iii) Issue a writ in the nature of a writ of Mandamus or any appropriate Writ/order/directive(s) directing respondents to declare the DPC held on 03.04.2021 for promotion to the post of Associate Professor under the Time Scale Promotion Rule, 1991 for the year 2019 in the Regional Institute of Medical Sciences, Imphal within a stipulated period of time, in the facts and circumstances of the present petition; (iv) Make the Rule absolute; (v) To pass any appropriate order or direction(s) which may be appropriate to be passed under such facts and circumstances of the instant case, for the ends of justice. [3] After issuance of notice to the respondents, the respondents have filed their counter affidavits on 12.04.2022 and thereafter, the reply affidavit dated 09.06.2022 has also been filed by the respondents in which it is stated that on 26.5.2022, the respondents issued an order by declaring the result of the petitioners as per Time Scale Promotion Rules for the year 2019 w.e.f 01.02.2019 as notional date of promotion without any financial benefits. The respondent authority also stated that financial benefits will be given after 24.03.2022. Therefore, the order passed by the authority without any financial benefits w.e.f. 1.02.2019 is not proper and hence, the writ petitions may be heard on merits by considering and directing the respondent to pay the said financial benefits w.e.f.

01.02.2019. [4] Mr. Kh. Samarjit, learned ASG for the Union of India represented that the prayer sought for in these writ petitions is to direct the respondents to declare the result of the petitioners as per the Time Scale Promotion Rules and accordingly, the respondents have also passed order on 26.05.2022 and the order also specially stated that the financial benefits be given only after 24the March, 2022. He further argued that if the petitioners are disputing the financial benefits which should be given to them w.e.f. 01.02.2019, it is absolutely separate cause of action. Therefore, the petitioners ought to have challenge the said order dated 26.05.2022 as per law. [5] It is admitted fact that the prayer sought by the petitioner was complied with by respondents by an order dated 26.05.2022. If any grievance of the order dated 26.05.2022, the petitioner is at liberty to challenge the said order as per the rules. [6] Accordingly all these writ petitions are disposed of. No costs. JohnKom JUDGE