JUDGMENT Kh. Nobin Singh, J. 1. Heard Shri R.K. Manikanta, learned counsel appearing for the petitioner and Shri A. Bimol, learned counsel appearing for the respondent, JNIMS. 2. The application being M.C. (W.P.(C)) No. 130 of 2014 has been filed by the petitioner praying that the respondent be directed to release provisionally the arrear of salary to the extent of 90 % as per rules. Admittedly the petitioner was at the relevant serving as Medical Officer (M.O.) in the Jawaharlal Nehru Hospital, Porompat. The Jawaharlal Nehru Hospital, Porompat came to be merged with Jawaharlal Nehru Institute of Medical Sciences (JNIMS) and accordingly, the Commissioner (Health & Family Welfare), Government of Manipur issued an order dated 02-05-2009 by which the existing Jawaharlal Nehru Hospital, Porompat and its staff was placed under the academic, administrative and disciplinary council of the Director, Jawaharlal Nehru Institute of Medical Sciences subject to the terms and conditions mentioned therein. While the petitioner was working so, the Commissioner (Health & Family Welfare), Government of Manipur issued another order dated 10-01-2012 by which the petitioner was repatriated from J.N. Hospital/JNIMS, Porompat and posted at the District Hospital, Churachandpur with immediate effect and until further order. In line with the said order dated 10-01-2012, the Director of Health Services, Manipur issued a memorandum dated 12-01-2012 informing the petitioner that the petitioner should comply with the said order dated 10-01-2012 issued by the Commissioner (Health & Family Welfare) and join immediately failing which action would be initiated. After the receipt of a copy of the letter dated 13-01-2012 from the Government of Manipur, Secretariat: Health Department, the Director, JNIMS issued a memorandum dated 21-01-2012 ordering that payment of salary of the petitioner from JNIMS fund be stopped w.e.f. 13-01-2012. 3. The petitioner had already filed a writ petition being W.P. (C) No. 28 of 2013 challenging the order dated 12-01-2012, memorandum dated 10-01-2012 and the memorandum dated 21-01-2012 issued by the Commissioner (Health & Family Welfare), Government of Manipur, Director of Health Services, Manipur and the Director, Jawaharlal Nehru Institute Medical Sciences respectively and the same is still pending for consideration by this Hon'ble Court. 4. This Hon'ble Court passed an order dated 24-04-2014 in W.P. (C) No. 28 of 2013 directing that the impugned order of repatriation shall be subject to the result of the writ petition. 4. This Hon'ble Court passed an order dated 24-04-2014 in W.P. (C) No. 28 of 2013 directing that the impugned order of repatriation shall be subject to the result of the writ petition. While the said W.P. (C) No. 28 of 2013 was pending, the petitioner filed the present writ petition being W.P. (C) No. 442 of 2014 praying inter-alia that the respondents therein be directed to release the arrear of salary of the petitioner for the period from July, 2012 till date and the petitioner has filed the present application for release of his arrear of salary provisionally to the extent of 90 % as per rule in the said writ petition. 5. It is submitted by the counsel for the petitioner that after the order dated 24-04-2014 having been passed by this Hon'ble Court, the master and servant relationship between the Jawaharlal Nehru Institute of Medical Sciences and the petitioner stood restored and therefore, petitioner is entitled to his arrear of salary for the period from 10-01-2012 to 24-04-2014. 6. It is further submitted by the counsel appearing for the petitioner that the respondent has neither released the arrear of his salary nor has it given any reason for withholding the arrear of salary. In support of his contention, counsel for the petitioner has relied upon the decision rendered by the Hon'ble Supreme Court in the case of Syndicate Bank & anr. -Vs- K. Umesh Nair and the decision rendered by the Gauhati High Court in the case of United Bank of India -Vs-Fiullatea & anr., reported in : 2002 (1) GLT 108. On the other hand, Shri A. Bimol, learned counsel appearing for the respondent submitted that without issues involved in the main W.P. (C) No. 442 of 2014 being decided by this Hon'ble Court, the present application cannot be sustained and is liable to be rejected. In support of his contention, the learned counsel for the respondent relied upon the decision rendered by the Hon'ble Supreme Court in the case of Bank of Maharashtra -Vs- Race Shipping Transport Company Limited, reported in : 1995 (3 SCC) 257 and the Para 11 thereof is reproduced herein below- "11. In support of his contention, the learned counsel for the respondent relied upon the decision rendered by the Hon'ble Supreme Court in the case of Bank of Maharashtra -Vs- Race Shipping Transport Company Limited, reported in : 1995 (3 SCC) 257 and the Para 11 thereof is reproduced herein below- "11. Time and again, this court has deprecated the practice of granting interim orders which practically give the principal relief sought in the petition for no better reason than that a prima facie case has been made out without being concerned about the balance of convenience, the public interest and a host of other considerations. (See: CCE v. Dunlop India Ltd.; State of Rajasthan v. Swaika Properties." 7. It is not in dispute that the issue involved in W.P. (C) No. 442 of 2014 is as to whether the petitioner is entitled to payment of arrear of salary after the order dated 24-04-2014 being passed by this Hon'ble Court directing that the impugned order of repatriation shall be subject to the result of the writ petition? 8. The present application can be taken up for hearing along with the aforesaid writ petitions which are ripe for hearing but the counsel for the petitioner is not prepared to argue the writ petition on merit and all that the counsel for the petitioner submits is that the present application shall be heard and disposed of before the said writ petitions are taken up for hearing. In the order dated 24-04-2014 passed by in W.P. (C) No. 28 of 2013, this Hon'ble Court has observed as under - "Since the learned counsel appearing for the petitioner-applicant is not prepared to argue the writ application on merit, interpretation of the order of the Governor of Manipur on 02-05-2009 shall be depended on the submission made at the time of hearing of the case." 9. There is no material on record to show that the petitioner is an employee of the Jawaharlal Nehru Institute of Medical Sciences. The counsel for the petitioner, on being asked by this Court, is unable to produce any order by which the petitioner was appointed as Assistant Professor at Jawaharlal Nehru Institute of Medical Sciences. There is no material on record to show that the petitioner is an employee of the Jawaharlal Nehru Institute of Medical Sciences. The counsel for the petitioner, on being asked by this Court, is unable to produce any order by which the petitioner was appointed as Assistant Professor at Jawaharlal Nehru Institute of Medical Sciences. The inference that can be drawn is that in the absence of an appointment order issued by the Jawaharlal Nehru Institute of Medical Sciences, the petitioner will continue to be the employee of the State Government, having a lien therein. The counsel for the petitioner submitted that vide order dated 02-05-2009 issued by the State Government the petitioner has been absorbed as an employee of the Jawaharlal Nehru Institute of Medical Sciences. It may be noted that interpretation of the order dated 02-05-2009 itself is a subject matter in issue in W.P. (C) No. 28 of 2013 which is yet to be decided. There is a considerable force in the submission of the learned counsel appearing for the respondent and the decisions relied upon by the petitioner are not applicable to the facts of the case. Any order passed by this court on the application will have a bearing on the writ petition being W.P. (C) No. 442 of 2014. In other words, any order passed by this court allowing the application may amount to granting main relief without hearing the writ petition on merit. In view of the aforesaid, this court is of the view that Misc. Appln. being M.C.(W.P.(C)) No. 130 of 2014 is devoid of merit and is liable to be rejected. Accordingly, the application is rejected with no order as to cost.