High CourtsSingle Bench(2017) 04 MEG CK 0021

Shri. Willison Ch. Marak, S/o Shri Manjing Ch. Sangma vs The State of Meghalaya, Represented by the Commissioner and Secretary, Education Department, Shillong, & Ors.

Meghalaya High Court · Decided on 11 April 2017

HON’BLE JUDGES
S.R.Sen
RESULT
Allowed
CASE NUMBER
24 of 2017

AI Structured Summary

Not yet generated for this judgment

Judgment

20 paragraphs · 385 words
1.

Heard learned counsel for the petitioner, Mr. AS Siddiqui as well as learned Sr. State counsel for the State respondents, Mrs. G.Deka.

The petitioner''s case in a nutshell is that:

The petitioner was appointed for the post of L.D.Assistant (Primary Education) which fell vacant on the retirement of Shri Erensing

R. Marak in the year 2008 and the petitioner being found suitable for the same was appointed temporarily for a period of 59 days

vide Appointment letter dated 10.7.2008 which was duly approved by the Respondent No. 2. The petitioner''s service continued to

be extended periodically and it was finally extended for further period w.e.f. 1.11.2012 until further order vide memo No. SWG.

APPTESTT (Pry.Edun) 2009/11453-58, dated 11.12.2012 issued by the Inspector of Schools, West Garo Hills and during the

course of his service the Service Book of the Petitioner was also opened and the Respondent No. 3 also started deducting a sum of

Rs. 1000/- (One Thousand) only as G.P.F. subscription. The respondent No.2 surprisingly reduced the number of the Office Staff

from 6 (Six) to 3 (Three) and the post held by petitioner was abolished arbitrarily without giving any opportunity of being heard and

neither the post was advertised so as the petitioner could take part in the selection process, but the petitioner was instead appointed

on the basis of daily wage of Rs. 181/- (Rupees One Hundred and Eighty One) only per day for a period of six month instead of

accommodating him in the sanctioned post. The abolition of 3(three) posts without specific direction as to who should retain the

remaining 3 posts and thereafter throwing the petitioner out of service is highly arbitrary and illegal"".

2.

Learned counsel for the petitioner submits that the petitioner was one of the employee appointed as L.D.Assistant (Primary Education) but

recently he had been terminated from service and 3(three) posts were abolished. Pertaining to that, the petitioner made a representation but till date

the petitioner''s representation has not been disposed of.

3.

Learned State respondents are directed to dispose the representation of the petitioner within 15(fifteen) days. In case the respondents advertise

the posts, petitioner should be given an opportunity to take part in the selection process exempting his age limit.

4.

With this, the instant petition is allowed and stands disposed of.