Citation : 2022 Latest Caselaw 423 Meg
Judgement Date : 2 August, 2022
Serial No. 19
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
WP(C) No. 250 of 2022
Date of Decision: 02.08.2022
Smti Hollina R. Sangma Vs. State of Meghalaya & Ors.
Coram:
Hon'ble Mr. Justice H. S. Thangkhiew, Judge
Appearance:
For the Petitioner(s) : Mr. A.G. Momin, Adv.
For the Respondent(s) : Ms. S. Bhattacharjee, GA
i) Whether approved for reporting in Yes/No
Law journals etc:
ii) Whether approved for publication Yes/No
in press:
JUDGMENT AND ORDER (ORAL)
1. The petitioner was initially appointed as a Mali under
contingency basis on 04.06.1979 on a regular scale of pay, and
thereafter on 21.08.1995, she was appointed as Typist at a fixed pay of
Rs. 820/- p.m. plus other allowances as admissible under the rules.
2. It is the further case of the petitioner that after serving for
20 years as Mali and Typist on contingency basis, she was again
appointed as Peon on 05.10.1999 in the scale pay of Rs. 2440-40-2680-
EB-50-3080-60-2680/- p.m. plus other allowances as admissible under
the rules. Thereafter, her service was confirmed vide order dated
10.07.2018 and the said confirmation was w.e.f. 01.02.2012, It appears
that in spite of confirmation in service, the petitioner after retirement on
31.10.2019, is yet to receive her pension and other terminal benefits.
3. Mr. A.G. Momin, learned for the petitioner submits that in
spite of the materials on record which clearly reflected that the
petitioner has been confirmed in service, formal regularization
however, has not been accorded. He further submits that as the
petitioner was confirmed against a sanctioned post, there should be no
impediment on the part of the respondents to process the pensionary
benefits etc. of the petitioner.
4. Ms. S. Bhattahcharjee, learned GA today had produced a
communication dated 27.06.2022, indicating the approval for
regularization, wherein the name of the petitioner appears at Sl. No. 19.
5. Admittedly, the petitioner who has been in service since
1979 and retired on 31.10.2019, has since been approved for
regularization as evidenced by the communication dated 27.06.2022.
6. In consideration of the facts and circumstances of the case,
it is directed that the State respondents shall process the case of the
petitioner most expeditiously preferably within a period of 4(four)
months from the date of receipt of a certified copy of this order. It is
understood that as the petitioner has already been confirmed in service,
and her regularization has been approved all consequential benefits as
entitled shall be accorded to the petitioner.
7. With the above noted directions, this writ petition stands
closed and is accordingly disposed of.
JUDGE
Meghalaya 02.08.2022 "V. Lyndem-PS"
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