Shri. Chamber Strong Sanckley vs . State Of Meghalaya & Ors.
2022 Latest Caselaw 246 Meg

     Serial No. 09
     Regular List

                       HIGH COURT OF MEGHALAYA
                           AT SHILLONG
WP(C). No. 477 of 2021
                                                  Date of Order: 27.05.2022

Shri. Chamber Strong Sanckley             Vs.   State of Meghalaya & Ors.


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

Appearance:
For the Petitioner/Appellant(s) :         Mr. H.R.Nath, Adv.

For the Respondent(s)            :        Mr. H.Abraham, 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 appointed as a Lower Division Assistant in the

office of the District Medical and Health Officer, West Khasi Hills District,

Nongstoin and was posted in Nongkhlaw P.H.C. vide Office Order No. 66,

dated Nongstoin, the 06-05-1994 against a post which had been created vide

Govt. letter No. Health-188/74/39, dated 06-09-1987.

2. It appears that the services of the writ petitioner was thereafter

regularized vide Order No. NST/1-3/2010-11/4691, dated 27-04-2011

(Annexure-III to the writ petition) w.e.f. 09-05-1994.

3. Thereafter, vide Office Order No. NST/1-3/2021-22/244, dated 23-

06-2021, on the recommendation of the Departmental Promotion Committee

held on 17th June, 2021, the petitioner was promoted to the post of Cashier

at Civil Hospital, Nongstoin.

4. The grievance of the petitioner is that though he stood regularized by

virtue of the Office Order dated 27-04-2011, but when he had applied for

voluntary retirement, the same was not acceded to as the respondents

informed him that he had not yet been regularized. Though the application

for voluntary retirement is not annexed in the petition, what appears from

the record is that the petitioner was in service from the year 1994 and orders

for his regularization and promotion had been passed on 27-04-2011 and 23-

06-2021 respectively which is on record.

5. Mr. H.Abraham, learned GA for the respondents No. 1 & 2 has prayed

that he may be allowed further time to file affidavit.

6. However, looking into the facts of the case it appears that affidavit

will not be necessary at this stage for the respondents to look into the

grievance of the writ petitioner.

7. Accordingly, in the event an application for voluntary retirement is

made by the petitioner, the same should be disposed of in accordance with

law taking into the account the said Office Orders for regularization and

promotion.

8. With the above directions, petition is disposed of. Petitioner to file an

application for voluntary retirement within two weeks and the respondents

are directed to dispose of the same as expeditiously as possible preferably

within a period of three months from the date such application is received.

Judge

Meghalaya 27.05.2022 "Samantha PS"