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Manipur High Court
Shri Dr. Sorokhaibam Bikramaditya ... vs The State Of Manipur on 16 December, 2025
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
[1] Supp. IN. 4
SHOUGRAKPAM Digitally signed by
SHOUGRAKPAM DEVANANDA
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.
WP(C) No. 187 of 2025 Contd.../-
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
WP(C) No. 187 of 2025 Contd.../-
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
WP(C) No. 187 of 2025 Contd.../-
09-09-2024 addressed to the Chief Secretary (Health & Family Welfare),
Government of Manipur, requesting to take a decision regarding the age
of superannuation of regularly appointed Senior Residents and Medical
Officers of JNIMS. In the said letter, it is clearly mentioned that the
petitioner was recommended by the DPC for promotion to the post
of Assistant Professor (Non-functional) Psychiatry, JNIMS with the
condition that his promotion shall be subject to the outcome of the
disciplinary proceedings initiated against him. It was also mentioned in
the said letter that on his promotion, his inter-se seniority will be as per
the Seniority List issued vide order dated 12-11-2021.
[4] In response to the said letter of the Director, JNIMS, the Joint
Secretary (Health & Family Welfare), Government of Manipur, wrote a
letter to the Director, JNIMS on 27-12-2024, conveying the approval of
the Government to the proceedings of the DPC for grant of Assistant
Professor (Non-functional), Department of Psychiatry, JNIMS, under the
Time-Scale Promotion Rules in respect of the petitioner. Despite such
approval given by the Government, the authorities did not issue the
promotion order in respect of the petitioner, instead, the Director, JNIMS,
wrote another letter dated 25-01-2025 to the Commissioner (Health &
Family Welfare), Government of Manipur, requesting for referring the
matter to the Law & Legislative Affairs, Government of Manipur, for
obtaining legal opinion with regard to the age of superannuation of the
WP(C) No. 187 of 2025 Contd.../-
regularly appointed Senior Residents and other Medical Officers of
JNIMS. In the said letter, it is clearly mentioned that the effective date
of the order for grant of Assistant Professor (Non-functional) in respect
of the petitioner may be given as 21-12-2021, since the appointment
order of other 11 (eleven) Assistant Professors (Non-functional)
recommended by the said DPC held on 14-12-2021 was issued on
21-12-2021. Having been aggrieved by non-issuance of his appointment
order as well as by the said letter dated 25-01-2025 of the Director,
JNIMS, seeking for legal opinion of the Law & Legislative Affairs
Department, the petitioner assailed the said letter in the present writ
petition.
[5] It has been submitted by Mr. N. Ibotombi, learned senior
counsel appearing for the petitioner that on the recommendation of
the DPC held on 14-12-2021, other similarly situated persons like
the petitioner have already been promoted by issuing an order dated
21-12-2021, however, as a Departmental Enquiry was pending against
the petitioner at that time, the petitioner could not get such promotion.
Later on, after closing the Departmental Enquiry by exonerating the
petitioner from all charges and on being recommended by the said
DPC, the petitioner is entitled to get regular promotion to the post of
Assistant Professor (Non-functional) in the Psychiatry Department w.e.f.
21-12-2021, on which date other similarly situated persons have been
WP(C) No. 187 of 2025 Contd.../-
given promotion. It has also been submitted by the learned senior
counsel appearing for the petitioner that one person who is similarly
situated like the petitioner and who was considered by the same DPC
had been given promotion to the post of Assistant Professor
(Non-functional) in the Department of Obstetrics and Gynecology w.e.f.
21-12-2021 and as such, the petitioner is also entitled to get similar relief.
[6] The learned senior counsel further submitted that if such
promotion was given to the petitioner in time before 28-02-2023, the
superannuation age of the petitioner should be 65 and not 60 and the
petitioner can still continue in service as an Assistant Professor till he
attained the superannuation age of 65 years. It has also been submitted
by the learned senior counsel that non-issuance of the promotion/
up-gradation order in respect of the petitioner is unreasonable and
arbitrary in view of the fact that the Government has already conveyed
the approval to the proceedings of the DPC held on 14-12-2021 for
grant of Assistant Professor (Non-functional), Department of Psychiatry,
JNIMS, in respect of the petitioner vide letter dated 27-12-2024.
[7] The respondent No. 1 did not contest the case of the
petitioner, however, the respondent No. 2 filed an affidavit-in-opposition.
By drawing the attention of this court to the letter dated 07-04-2024
from the respondent No. 2 addressed to the Commissioner (Health
& Family Welfare) which is enclosed as Annexure - J/1 to the affidavit-
WP(C) No. 187 of 2025 Contd.../-
in-opposition filed by the respondent No. 2, it has been submitted by the
learned GA that as per the JNIMS Services Rules, 2025, the appointing
authority for the post of Senior Resident is the Chairman of the Executive
Committee, JNIMS and as such, the Secretariat: Health Department,
Government of Manipur had been requested to issue necessary order in
respect of the petitioner for his appointment as Assistant Professor
(Non-functional). However, no appointment order has yet been issued
by the authorities. It has been submitted by the learned GA that the
authorities are considering as to whether the petitioner would be entitled
to be promoted retrospectively w.e.f. 21-12-2021 as Assistant Professor
(Non-functional) and the matter is still pending.
[8] Under Schedule-IV appended to the Jawaharlal Nehru
Institute of Medical Sciences Services Rules, 2015, it is provided that
the Chairman Executive Committee is the appointing authority of the
Assistant Professor and under the Bye-Laws of the JNIMS, the
Administrative Secretary, Health & Family Welfare, Government of
Manipur, is the Chairman of the Executive Committee. Accordingly, the
Administrative Secretary (Health & Family Welfare) is the appointing
authority of the Assistant Professor (Non-functional) in JNIMS.
[9] As elaborately discussed above, the petitioner was
considered for his up-gradation/ promotion to the post of Assistant
Professor (Non-functional) by a DPC held on 14-12-2021 and because
WP(C) No. 187 of 2025 Contd.../-
of pendency of a Departmental Enquiry against him, his case was placed
under Sealed Cover. Later on, on being exonerated completely from the
charges made against him, the said Departmental Enquiry against the
petitioner was closed and after obtaining approval of the Government,
the sealed cover was opened and the petitioner was found to be
recommended for his promotion to the higher post of Assistant Professor
(Non-functional). It is also on record that the Government has already
given approval to the proceedings of the said DPC for promotion of the
petitioner to the higher post of Assistant Professor (Non-functional),
however, no promotion order has yet been issued.
In view of the above, this court see no reason why the present
writ petition should not be allowed by directing the respondents to issue
necessary orders for giving promotion to the petitioner to the higher post
of Assistant Professor (Non-functional).
[10] In order to address the question as to whether the petitioner
will be entitled to have his promotion retrospectively w.e.f. 21-12-2021,
on which date other similarly situated persons and whose case were
considered by the said DPC have been promoted, it will be gainful to
refer to the Office Memorandum dated 14-09-1992 issued by the Ministry
of Personnel, Public Grievances and Pensions, Department of
Personnel and Training, Government of India, wherein at para. 3, it is,
inter alia, provided that on conclusion of the disciplinary case/ criminal
WP(C) No. 187 of 2025 Contd.../-
prosecution which results in dropping of allegation against the
Government servant, the sealed cover/ covers shall be opened. In case
the Government servant is completely exonerated, the due date of his
promotion will be determined with reference to the position assigned to
him in the findings kept in the sealed cover/ covers and with reference
to the date of promotion of his next junior on the basis of such position.
It is also provided that the Government servant may be promoted, if
necessary, by reverting the junior-most officiating person and he may be
promoted notionally with reference to the date of promotion of his junior.
[11] In the case of "W. Kumar Singh Vs. Commissioner/
Secretary (CADA), Government of Manipur", reported in 2007 (1)
GLT 66, it is recorded at para. 7 of the judgment that the Government
of Manipur vide its Office Memorandum No. 1/5/92-DP, Imphal the 24th
November, 1992 adopted the above mentioned Government of India,
Department of Personnel & Training's Office Memorandum No.
22011/4/91-Estt.(A) dated 14-09-1992 and as such, the said Office
Memorandum regarding sealed cover procedure is applicable in the
case of the present petitioner also.
[12] At para. 3 of the impugned letter dated 07-04-2025 of the
respondent No. 3, it is also clearly mentioned that the effective date
of the order for promotion of the petitioner as Assistant Professor
(Non-functional) may be given as 21-12-2021, since the appointment
WP(C) No. 187 of 2025 Contd.../-
order of other 11 (eleven) Assistant Professor (Non-functional)
recommended by the same DPC held on 14-12-2021 was issued on
21-12-2021.
In view of the above undisputed factual position of law and
taking into consideration the provisions at para. 3 of the aforesaid Office
Memorandum dated 14-09-1992, this court is of the considered view that
the petitioner will be entitled to be given promotion retrospectively w.e.f.
21-12-2021, on which date other similarly situated persons with him have
been given promotion.
[13] In the result, the present writ petition is allowed by directing
the respondents to promote the petitioner to the post of Assistant
Professor (Non-functional) retrospectively w.e.f. 21-12-2021 by issuing
necessary order at the earliest, however, not later than one month from
the date of receipt of a certified copy of this order.
With the aforesaid directions, the present writ petition is
disposed of. There will be no order as to cost.
JUDGE
FR / NFR
Devananda
WP(C) No. 187 of 2025 Contd.../-
