Shri. Leniker R. Marak & Anr. vs . State Of Meghalaya & Ors.
2022 Latest Caselaw 98 Meg

Serial No. 51-52
Regular List
                               HIGH COURT OF MEGHALAYA
                                     AT SHILLONG


   WP(C) No. 54 of 2022 with
   WP(C) No. 56 of 2022                                    Date of Order: 24.03.2022


   Shri. Leniker R. Marak & Anr.              Vs.          State of Meghalaya & Ors.
   Shri. Neigrish Ch. Momin                   Vs.          State of Meghalaya & Ors.

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


   Appearance:

   For the Petitioner/Appellant(s) :          Mr. A.G. Momin, Adv.

   For the Respondent(s)              :       Mr. H. Kharmih, GA.

Mr. R. Gurung, GA.

i) Whether approved for reporting in Yes/No Law journals etc.:

   ii)        Whether approved for publication
              in press:                                          Yes/No


                          JUDGMENT AND ORDER (ORAL)

1. The petitioners in these two connected writ petitions are stated to

have been duly selected candidates for the post of Tractor Operator and

Power Tiller Operator respectively, as per the recommendation dated 5th

March, 2021. However, as their appointments are not forthcoming, they are

before this Court by way of these writ petitions praying for appropriate

directions.

2. Affidavit has been filed by the State respondents, wherein it has

been stated in para-11 as follows:

"11. That the answering deponent respectfully submits that the Government in the Department of Agriculture & Farmers' Welfare has agreed for a one time relaxation of Schedule-II Rule 7, Sl No. 5 of the Meghalaya Agriculture Engineering (Mechanical) Subordinate Service Rules, 2018 only for this case and issued letter dated 10th March, 2022 to the Respondent No. 2 in this connection and in view of the said relaxation necessary appointment will be issued to the petitioners. Further it is submitted that in future any recruitment shall be made as per the provision of the Service Rules, 2018. The deponent pray this Hon'ble Court that this instant case should not be created as a precedence in future appointment in the Department."

3. It is noted that the method of recruitment under the Meghalaya

Agriculture Engineering (Mechanical) Subordinate Service Rules, 2018, as

per the Schedule more particularly Schedule 2 (Rule 7) at Column-5, the said

posts are strictly by promotion. However, it appears that as a one-off case, in

view of the fact that the petitioners have been selected and have legitimate

expectation to be appointed to the said post, the respondents have relaxed the

requirement of this rule. The order for relaxation dated 10th March, 2022 is

appended to the affidavit at Annexure-3.

4. Considering the affidavit and the submissions made by the learned

counsel for the State respondents, nothing remains for further consideration

in these two writ petitions, and the same are accordingly disposed of.

5. However, as noted earlier that it is a one-off case where exception

has been made. It is expected therefore that the respondents complete the

process as expeditiously as possible.

6. Accordingly, these two writ petitions stands disposed of.

Judge

Meghalaya 24.03.2022 "D.Thabah-PS"