JUDGMENT Kh. Nobin Singh, J. 1. Heard Shri R.K. Manikanta, learned counsel appearing for the petitioner; Shri A. Bimol and Shri K. Jagat, Govt. Advocates appearing for the respondents. 2. The present writ petition has been filed by the petitioner for releasing his arrear of pay and allowances for the period from July 2012 to 26-05-2014. 2.1. According to the petitioner, he was at the relevant time serving as Medical Officer (M.O.) in the erstwhile Jawaharlal Nehru Hospital, Government of Manipur which came to be merged with the Jawaharlal Nehru Institute of Medical Sciences (hereafter referred to as JNIMS), a registered society and accordingly, the Commissioner (Health & F.W), Government of Manipur issued an order dated 02-05-2009 by which the erstwhile Jawaharlal Nehru Hospital and its staff was placed under the academic, administrative and disciplinary control of the Director, JNIMS subject to the terms and conditions mentioned therein. While the petitioner was working under the said placement, the Commissioner (Health & F.W), Government of Manipur issued another order dated 10-01-2012 by which the petitioner was repatriated from the JNIMS and was 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 & F.W) and join immediately the new place of posting failing which action would be initiated against him. After the petitioner having been repatriated, 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. 2.2. The petitioner challenged the validity and correctness of the said order dated 12-01-2012, memoranda dated 10-01-2012 and 21-01-2012 by way of a writ petition being W.P. (C) No. 28 of 2013 which is still pending for consideration by this Court. Only an interim order dated 24-04-2014 has been passed by this court directing that the order of repatriation shall be subject to the result of the writ petition. While the said W.P. (C) No. 28 of 2013 is pending, the petitioner has filed the present writ petition being W.P. (C) No. 442 of 2014 praying for release of his arrear of salary for the period from July, 2012 to 26-05-2014. 2.3. While the said W.P. (C) No. 28 of 2013 is pending, the petitioner has filed the present writ petition being W.P. (C) No. 442 of 2014 praying for release of his arrear of salary for the period from July, 2012 to 26-05-2014. 2.3. Relying upon the provisions of CPC, it is submitted by the learned counsel for the petitioner that since no counter has been filed by the respondent despite opportunity being given to it, the counsel for the respondent shall not be permitted to advance his argument and this court ought to pass order straightway allowing the petition. It is further submitted by the counsel for the petitioner that since the Government order dated 10-01-2012 has been stayed by the order dated 24-04-2014 passed by this court, the petitioner has continued to serving the JNIMS as Associate Professor (Radiology); that he is entitled to receive his salary from the JNIMS and that non-release of his salary, despite his representation being submitted, is illegal. To substantiate his submission, the learned counsel for the petitioner has relied upon the various decisions rendered by the Hon'ble Supreme Court and the Hon'ble Gauhati high Court, the citations of which are given as under: (a) : (2003) 11 SCC 584 ; (b) : AIR 2014 SC 1356 ; (c) : 2002 (1) GLT 108; (d) : AIR 2000 SC 3585 ; (e) : (2001) 5 SCC 508 ; (f) : AIR 1969 SC 1302 ; (g) (2001) 6 SCC 378; (h) : (1994) 5 SCC 572 ; (i) : AIR 1978 SC 597 ; (j) : (2000) 6 SCC 224 ; (k) (1997) 1 SCC 75. On the other hand, the counsel for the respondent, JNIMS has raised a preliminary objection as regards the maintainability of the writ petition on the ground that the JNIMS has not been made a party as required under Article 300 of the Constitution of India and the bye-law of the JNIMS. On the other hand, the counsel for the respondent, JNIMS has raised a preliminary objection as regards the maintainability of the writ petition on the ground that the JNIMS has not been made a party as required under Article 300 of the Constitution of India and the bye-law of the JNIMS. it is further submitted by the counsel for the respondent, JNIMS that so far as non-filing of counter is concerned, his submission has already been recorded in the order dated 13-10-2014 that he would rely upon the counter filed in the connected W.P. (C) No. 28 of 2013; that the petitioner has never been appointed nor has he been absorbed by any order issued by the JNIMS and that no order can be passed in the present case without deciding first the issue involved in the connected W.P. (C) No. 28 of 2013. The learned counsel for the respondent, JNIMS has relied upon the decision rendered by the Hon'ble Supreme Court in the matter of Chief Conservator of Forests Vs. Collector & ors, reported in : (2003) 3 SCC 472 . 3. It is evident from the cause title itself that the JNIMS which is a society registered under the provisions of the Manipur Societies Registration Act, 1989, has not been arrayed as a party though its President is made a party and as per clause 57 of its bye-law, it can sue or be sued only through the Director and therefore, only on this ground, the writ petition can be dismissed as not maintainable for non-joinder of necessary party. However, since the arguments have already been advanced by the counsels for the parties on merit, this court proposes to decide the case on merit also. 4. It is not in dispute that the petitioner was a Medical Officer of the Jawaharlal Nehru Hospital, Government of Manipur which came to be merged with the JNIMS, a registered Society vide order dated 02-05-2009 issued by the Commissioner (Health & F.W), Government of Manipur directing that the Jawaharlal Nehru Hospital and its staff be placed under the academic, administrative and disciplinary control of the Director, JNIMS subject to the terms and conditions mentioned therein. It is submitted by the counsel for the respondent, JNIMS that no order has ever been issued by the JNIMS either to appoint or absorb the petitioner as its employee and since he continued to be the employee of the State Government having his lien therein, the Commissioner (Health & F.W), Government of Manipur had rightly issued the order dated 10-01-2012 repatriating the petitioner from the JNIMS and posting him at the District Hospital, Churachandpur with immediate effect and until further order. It has also been submitted that after the petitioner having been repatriated, no salary could be paid to the petitioner by the JNIMS. The validity and correctness of the said order dated 10-01-2012 is being questioned by the petitioner in W.P. (C) No. 28 of 2013 but the contention of the learned counsel for the petitioner that the said order dated 10-01-2012 has been stayed vide order dated 24-04-2014 passed by this court, is totally incorrect and can not be upheld. The relevant portion of the order dated 24-04-2014 is as under: "I, therefore, dispose of this misc. application and direct that the impugned order of repatriation shall be subject to the result of the writ application." As has been observed by this court while disposing of the Misc. Case No. 130 of 2014 in the present writ petition itself vide order dated 19-12-2014, there is no material on record to show prima facie case that the petitioner was an employee of the JNIMS because of which he would be entitled to continue getting his salary from the JNIMS and he being the employee of the State Government, his pay and allowances ought to be paid by his employer namely the State Government. The counsel for the petitioner has submitted that vide order dated 02-05-2009 issued by the State Government, the petitioner has been absorbed as an employee of the JNIMS but his submission does not seem to be correct. However, this court does not propose to make any observation in regard to W.P. (C) No. 28 of 2013 wherein the said order dated 02-05-2009 itself is a subject matter in issue which is yet to be decided by this court. The right approach is that the present writ petition ought to have been heard together with the W.P. (C) No. 28 of 2013 so that all the related issues could have been decided once and for all. The right approach is that the present writ petition ought to have been heard together with the W.P. (C) No. 28 of 2013 so that all the related issues could have been decided once and for all. Unfortunately, since the counsel for the petitioner was not prepared to argue the W.P. (C) No. 28 of 2013, this court had no option but to decide the present writ petition only. In the absence of a finding given by this court in favour of the petitioner in the said W.P. (C) No. 28 of 2013 that the petitioner was an employee of the JNIMS during that period, the present writ petition is devoid of any merit and no appropriate order could be passed by this court directing the JNIMS to pay his arrear of pay and allowances for the aforesaid period. The various rulings cited by the counsel for the petitioner are of no help to him. Hence, having heard the learned counsels for the parties, this court is of the view that the present writ petition is liable to be dismissed. With the above observation, this court is of the view that the present writ petition is devoid of any merit and is accordingly dismissed. No order as to cost.