Ajima Begum vs State Of Manipur & Anr on 2 April, 2025

Manipur High Court

Ajima Begum vs State Of Manipur & Anr on 2 April, 2025

            Digitally signed
LAIRENM by                                                  1
         LAIRENMAYUM
AYUM INDRAJEET
INDRAJE SINGH
         Date:                                                                    I tem Nos. 9 & 10
ET SINGH 2025.04.02
         15:33:27 +05'30'              I N THE HI GH COURT OF MANI PUR
                                                   AT I MPHAL
                                                 WP( C) No. 260 of 2025
                                              With MC(WP(C)) No. 243 of 2025
                                Ajima Begum                                         Petitioner
                                                     Vs.
                                State of Manipur & anr.                           Respondents

BEFORE
HON’BLE MR. JUSTI CE AHANTHEM BI MOL SI NGH
02.04.2025
Heard Mr. N. Zequeson, learned counsel appearing for the
petitioner.

I ssue notice, returnable within 4(four) weeks.
Mrs. L. Monomala, learned G.A., entered appearance and accepts
notice on behalf of all the respondents. Hence, no formal notice is called
for.

The grievance of the petitioner is that the impugned transfer order
has not been issued by the competent authority and that she has been
transferred and posted to a non-existent post. I t has been submitted on
behalf of the petitioner that there is no post of Medical Officer under the
Manipur Health Service (AYUSH) Department and in fact in Schedule 2
appended to the Manipur Health Service (AYUSH) Rules, 2024, there is no
post of Medical Officer and as such, the petitioner has been transferred
and posted to non-existent post. I t has also been submitted that as per
Rule 2(h) of the said Rules, the controlling authority is the Government of
the Manipur in the Secretariat, Health and Family Welfare Department and
as the impugned transfer order has been issued by the Director (AYUSH),
Government of Manipur, the impugned transfer order has been issued by
a non-competent authority. On the basis of such submission, a prayer has
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been made for passing interim order for suspending the operation of the
impugned transfer order in respect of the present petitioner.

Mrs. L. Monomala, learned G.A. appearing for the respondents,
submitted that she needs some time to get instructions and to file a
detailed counter affidavit.

The learned G.A., further, submitted that the prayer for passing
interim order be considered after filing of the counter affidavit.

As prayed for by the learned G.A., list these cases again on
16.05.2025 for consideration of the prayer for passing interim order.

I n the meantime and till the next date of hearing, the operation of
the impugned order dated 29.03.2025 in so far as the present petitioner is
concerned, shall remain stayed.

JUDGE
I ndrajeet