Manipur High Court: In a Writ Petition filed by Dr. L. Ranjit Singh(‘petitioner’) wherein he sought to quash the impugned Order dated 16-01-2023 which entrusted the additional charge of Director, Regional Institute of Medical Sciences (‘RIMS’) to another Professor Doctor (‘respondent no. 5’) and to direct the Secretary and Deputy Secretary, Ministry of Health & Family Welfare; Government of India; RIMS and the Deputy Director, RIMS (‘respondent authorities’) to consider the case of petitioner for the post of Director being the senior most member of the RIMS, the Single Judge Bench of MV Murlidharan, CJ. allowed the petition and directed the respondent authorities to give additional charge of Director, RIMS, Imphal to the petitioner till his retirement in the month of September 2023.
Background
The petitioner was entrusted with the charge of Director at RIMS by the Order dated 12-10-2022 but the same was challenged by respondent 5, claiming to be senior from the petitioner on basis of an inter-se seniority list which has not been approved by the competent authority. The petitioner is older in age is senior to respondent No.5 as both of them were appointed as Professor in RIMS on the same day under the Time Scale Promotion Rules, 1991. The Court by 0rder dated 19-12-2022 quashed the Order dated 12-10-2022s on the grounds of non-consideration of senior persons at the time of conferring the charge to the petitioner in terms of Rule 12(1) iii of the Rules and Regulations of the RIMS.
Thereafter, a seniority list in respect of 5 senior most Professors was prepared by constituting a Committee in pursuance of the direction of the Ministry of Health and Family Welfare and the same was forwarded to the Health Ministry by the officials of RIMS. However, ignoring the fresh seniority list, the respondent 5 was entrusted with the additional charge of Director, RIMS by cancelling the earlier order dated 12-10-2022. Hence, aggrieved by the appointment of respondent 5 as the Director, the petitioner preferred the present petition. The petitioner was also aggrieved the Order dated 01-05-2023, issued by the Deputy Secretary to the Government of India, Ministry of Health and Family Welfare (‘Deputy Secretary’) appointing another Director for RIMS, while the writ petition was pending, without the permission of the Court.
Court’s Decision
The Court noted that after repatriation of previous Director of RIMS, the authorities entrusted with the additional charge for the post of Director, RIMS to the petitioner for a period of 6 months or till regular appointment of Director, RIMS, while the process for appointment regular Director was pending.
The Court perused the of Rule 12(1)(iii) of the Rules and Regulations of RIMS and said that it is clear in respect of unanticipated vacancies in the post of Director, RIMS, the administrative Ministry may, with the approval of the Minister in-charge, order additional charge arrangements subject to maximum period of 6 months, with effect from the date of occurrence of the vacancy and also subject to the condition that the officer to whom the additional charge is assigned is senior most officer in the next lower grade and is clear from the vigilance angle. On examination of the inter-se seniority list of Professors, RIMS, the Court noted that the petitioner’s name was secured at Serial No. 1, whereas the respondent 5’s name was found at Serial No. 5. Therefore, the Court said that the inter-se seniority list was ignored by the Deputy Secretary and the charge of Director was entrusted to the respondent 5, as if she was the senior most. The Court also said that the tentative seniority list was not circulated and not approved by the Executive Council and therefore, it could not have been acted upon in any manner.
Thus, the Court viewed that until the seniority list is finalized, the petitioner being the senior most Professor and was promoted to the post of Assistant Professor earlier than the respondent 5 must be entrusted with the charge of Director RIMS, Imphal. The Court said that nothing was produced by the respondent parties to show that the respondent 5 was senior to the petitioner. Whereas, prima facie the petitioner proved that the impugned Order dated 16-01-2023 was issued in colourable exercise of power, taking shelter of an unapproved tentative seniority list.
Regarding the appointment of another Professor Doctor to the post of Director, RIMS vide Order dated 01-05-2023, on deputation on foreign service basis for the period of 5 years with effect from the date of assumption of charge of the post or upto the age of superannuation in his parent cadre or until further orders whichever is earlier, the Court said that it was the bounden duty of the authorities concerned to obtain permission or leave of the Court, while the writ petition was pending.
Therefore, the Court allowed the petition and set aside the Order dated 16-01-2023 and also directed the respondent authorities to give additional charge of Director,RIMS, Imphal to the petitioner till his retirement in the month of September 2023.
[Dr. L Ranjit Singh v. Union of India, 2023 SCC OnLine Mani 177, Decided on: 03-06-2023]
Advocates who appeared in this case :
For the Petitioner: Senior Advocate HS Paonam, Advocate A. Arunkumar;
For the Respondents: Deputy Solicitor General of India Kh. Samarjit, Advocate Y. Paikhomba, Senior Advocate RK Deepak, Advocate L. Rajesh.
