Manipur High Court
Jawaharlal Nehru Institute vs Nirendrakumar Singh on 20 December, 2021 Suppl. Item No. 2
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC(WP(C)) No. 315 of 2021
Jawaharlal Nehru Institute
of Medical Sciences (JNIMS) … applicant
-Versus-
Nirendrakumar Singh ….Respondent
BEFORE
HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR
(Video Conference)
20.12.2021
Heard Mr. H. Lenin, learned Addl. AG, Manipur
appearing on behalf of the applicant/Jawaharlal Nehru Institute of
Medical Sciences (JNIMS).
By this application, the applicant is praying for a
direction to permit them to declare the DPC results held on 15-09-
2017 which was stayed by order dated 11-09-2017 passed in
WP(C) No. 638 of 2017 as well as the interim order dated 18-05-
2020 passed in WP(C) No. 231 of 2020 by which the
respondents/applicants were directed not to fill up the post of
Associate Professor in JNIMS under the proposed Timescale
Promotion Scheme.
Mr. H. Lenin, learned Addl. AG appearing on behalf of
the applicant submits that as on date, there are two substantive
posts vacant in respect of Associate Professor in Community
Medicine in JNIMS, and if the applicants are allowed to
accommodate both the writ petitioners in WP(C) No. 638 of 2017
and WP(C) No. 231 of 2020 subject to the outcome of the writ
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petitions, the petitioners in both the writ petitions would have the
opportunity of being promoted to the next higher post of Associate
Professor, Community Medicine. He further submits that in so far
as Time Scale Promotion Scheme is concerned, the same is
personal to the incumbents inasmuch as even if the Time Scale
Promotion Scheme is granted to the incumbents, they would
continue to receive the salaries held by them prior to the
upgradation unless they are accommodated in substantive
vacancies. He also submits that there are more than 100 (one-
hundred) Assistant Professors as well as Associate Professors
who are waiting for their promotion under the Time Scale
Promotion Scheme. He submits that the Time Scale Promotion
Scheme for Teachers in JNIMS Rules, 2020 was notified on 18th
December, 2020 and draws the attention of this Court to Clause 4
(g) which provides that upgradation under this Scheme shall be
personal only and the promotion effected will be non-functional.
He therefore, submits that the interim order dated 18-05-2020
passed in WP(C) No. 231 of 2020 may be vacated.
He also submits that it would be in the interest of both
the writ petitioners in WP(C) No. 638 of 2017 and WP(C) No. 231
of 2020 if they are allowed to be accommodated to the post of
Associate Professors in Community Medicine and other
incumbents be upgraded to the next higher post under the Time
Scale Promotion Scheme.
Mr. N. Umakanta, learned counsel for the petitioner in
WP(C) No. 638 of 2017 submits that he has no objection for
permitting the incumbents for upgradation under the Time Scale
Promotion Scheme. However, if the DPC result held on 05-09-
2017 is declared, the foundation of the case of the petitioner in
WP(C) No. 638 of 2017 would be removed.
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Mr. H. S Paonam, learned senior counsel for the
petitioner in WP(C) No. 231 of 2020 on the other hand submits
that the DPC held on 05-09-2017 pertains not only to the post of
Associate Professor, Community Medicine but for other posts also
and therefore, if the DPC held on 05-09-2017 is declared then the
successful candidate may be promoted to one post and the other
unsuccessful candidate may also be accommodated in the next
vacant post.
After hearing learned counsel for the parties and on
consideration of the materials available on record, this Court is of
the considered opinion that the interim order dated 18-05-2020
passed in WP(C) No. 231 of 2020 is a blanket order not to fill up
the post of Associate Professor & Professor in the JNIMS under
the proposed Timescale Promotion Scheme. On consideration of
the Timescale Promotion Scheme for Teachers of JNIMS Rules,
2020 which was notified on 18th December, 2020, this Court is of
the considered opinion that upgradation under this scheme is
purely personal and the promotion effected will be non-functional.
The submission of the learned Addl. AG that any upgradation in
any posts under the Timescale Promotion scheme is purely
personal and the incumbents would continue to receive the pay
scale of the post held prior to their upgradation unless they are
accommodated in a substantive vacancy in the upgraded post has
also been considered.
Accorginly, interim order dated 18-05-2020 passed in
WP(C) No. 231 of 2020 is vacated. The applicants are permitted
to make upgradation of the incumbents eligible under the
Timescale Promotion Scheme for Teachers of JNIMS Rules,
2020. The applicants are also directed to accommodate both the
writ petitioners in WP(C) No. 638 of 2017 and WP(C) No. 231 of
2020 in the post of Associate Professor, Community Medicine as
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proposed by the applicants within three weeks from the date of
receipt of a copy of this order. However,
accommodation/promotion of the two writ petitioners shall be
subject to the outcome of the results in WP(C) No. 638 of 2017
and WP(C) No. 231 of 2020. The prayer for vacation of the interim
order dated 15-09-2017 passed in WP(C) No. 638 of 2017 is
rejected.
Misc case stands disposed of.
JUDGE
kim
KH. JOSHUA Digitally signed by KH. JOSHUA MARING
MARING Date: 2021.12.21
14:57:45 +05’30’
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Suppl. Item No. 4
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC(WP(C)) No. 311 of 2021 with WP(C) No. 231 of 2020
Jawaharlal Nehru Institute
of Medical Sciences (JNIMS) … Applicant
-Versus-
Ningombam Minita Devi & Anr
….Respondents
BEFORE
HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR
(Video Conference)
20.12.2021
On request made by the parties, list the matters again
on 19th January, 2022.
Furnish a copy of this order to the learned counsel
appearing for all the parties through their respective e-
mails/Whatsapp.
JUDGE
kim
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Suppl. Item No. 3
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC(WP(C)) No. 274 of 2021
Heisnam Kulabidhu Singh & Anr … applicants
-Versus-Nirendrakumar Singh
& Anr ….Respondents
BEFORE
HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR
(Video Conference)
20.12.2021
Heard Mr. N. Jotendro, learned senior counsel
appearing for the applicants.
Issue notice.
Mr. H. S Paonam, learned senior counsel enters
appearance and accepts notice on behalf of the respondent No.
1/writ petitioner and Mr. H. Lenin, learned Addl. AG, Manipur on
behalf of the respondent No. 2/JNIMS.
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The respondents are allowed to file their objections.
List the matter on 19th January, 2022.
Furnish a copy of this order to the learned counsel
appearing for all the parties through their respective e-
mails/Whatsapp.
JUDGE
kim
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