Shri Greetington M. Momin vs . State Of Meghalaya & Ors.
2022 Latest Caselaw 427 Meg

 Serial No. 09
 Regular List
                     HIGH COURT OF MEGHALAYA
                           AT SHILLONG

WP(C) No. 278 of 2021
                                         Date of Decision: 03.08.2022

Shri Greetington M. Momin          Vs. State of Meghalaya & Ors.

Coram:
                 Hon'ble Mr. Justice H. S. Thangkhiew, Judge


Appearance:
For the Petitioner(s) :      Ms. S. Bhattacharjee, Adv.

For the Respondent(s) :      Mr. R. Gurung, Addl. Sr. GA (For R 1-3)

Mr. K. Kharmawphlang, Adv. (For R 4)

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 Chowkidar on

07.08.1986 and was posted in the Office of the Sub-Divisional

Agriculture Officer, Betasing, West Garo Hills on a regular scale of

pay. Thereafter, he was promoted as Typist on 28.12.1988 and was

appointed in the Office of the Joint Director of Agriculture, West Garo

Hills, Tura, and he was allowed to draw a regular scale of pay and

allowances as admissible, including annual increment.

2. It is the further case of the petitioner that a proposal to

regularize his service was initiated by the Department, but at the fag

end of his service career the said proposal was rejected by the

Government, on the ground that regularization is applicable with

prospective effect and that the petitioner will be come under the New

Defined Pension Scheme (NDPS). Being aggrieved thereof, the

petitioner is before this Court by way of the instant writ petition.

3. Ms. S. Bhattacharjee, learned for the petitioner submits that

in spite of the materials on record which clearly reflected that the

petitioner has been in service since 1986, formal regularization

however, has not been accorded. She further submits that as the

petitioner was appointed against a sanctioned post, there should be no

impediment on the part of the respondents to regularize his service from

the date of his initial appointment and to set aside the order dated

09.05.2018, whereby the service of the petitioner has been regularized

with prospective effect.

4. Mr. R. Gurung, learned Addl. Sr. 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. 16,

and date of appointment shown as 07.08.1986.

5. Admittedly, the petitioner who has been in service since

07.08.1986 and retired on 31.10.2018, has since been approved for

regularization as evidenced by the communication dated 27.06.2022.

6. It is understood that as regularization of the petitioner has

been approved, all consequential benefits as entitled shall be accorded

to the petitioner, and entire process shall be completed expeditiously

preferably within a period of 4(four) months from the date of receipt of

a certified copy of this order.

7. With the above noted directions, this writ petition stands

closed and is accordingly disposed of.

JUDGE

Meghalaya 03.08.2022 "V. Lyndem-PS"