High Court of Meghalaya
Smti. Tamsin T. Sangma vs The State Of Meghalaya Represented on 28 May, 2024
Author: H. S. Thangkhiew
Bench: H. S. Thangkhiew
Serial No. 01-11
Supplementary List
HIGH COURT OF MEGHALAYA
AT SHILLONG
WP(C) No. 91 of 2023 with
WP(C) No. 92 of 2023
WP(C) No. 93 of 2023
WP(C) No. 94 of 2023
WP(C) No. 95 of 2023
WP(C) No. 96 of 2023
WP(C) No. 97 of 2023
WP(C) No. 98 of 2023
WP(C) No. 99 of 2023
WP(C) No. 100 of 2023
WP(C) No. 101 of 2023 Date of Decision: 28.05.2024
Smti. Tamsin T. Sangma
W/o Shri. Linku Gare Momin
R/o Upper Wadanang
P.O & P.S Chandmari,
West Garo Hills, Meghalaya-794001 :::Petitioner
-Vs-
1.The State of Meghalaya represented
by its Commissioner and Secretary,
Social Welfare Department, Shillong
2.The Director of Social Welfare,
Shillong, Meghalaya
3.The Joint Director of Social Welfare,
Shillong, Meghalaya :::Respondents
Smti. Dolly A. Sangma
W/o Shri. Balsrang R. Marak
R/o of Kolmesalgre, P.O. &
P.S. Williamnagar
East Garo Hills, Meghalaya-794111 :::Petitioner
-Vs-
1.The State of Meghalaya represented
by its Commissioner and Secretary,
Social Welfare Department, Shillong
2.The Director of Social Welfare,
Shillong, Meghalaya
3.The Joint Director of Social Welfare,
Shillong, Meghalaya :::Respondents
Smti. Flora Tese K. Marak
W/o Shri. Sengkam W. Momin
R/o Pat's Cottage, Matchakolgre,
Tura, West Garo Hills-794101,
Meghalaya :::Petitioner
-Vs-
1.The State of Meghalaya represented
by its Commissioner and Secretary,
Social Welfare Department, Shillong
2.The Director of Social Welfare,
Shillong, Meghalaya
3.The Joint Director of Social Welfare,
Shillong, Meghalaya :::Respondents
Smti. Euriva R. Marak
W/o Shri. Ezekiel K. Marak
R/o Northern Hawakhana,
Tura, West Garo Hills,
Meghalaya-794104 :::Petitioner
-Vs-
1.The State of Meghalaya represented
by its Commissioner and Secretary,
Social Welfare Department, Shillong
2.The Director of Social Welfare,
Shillong, Meghalaya
3.The Joint Director of Social Welfare,
Shillong, Meghalaya :::Respondents
Smti. Arpana Hajong
W/o Biplabjit Hajong
R/o Kathalbaripara Village
P.O. Nogorpara, South West Garo
Hills, Meghalaya - 794106 :::Petitioner
-Vs-
1.The State of Meghalaya represented
by its Commissioner and Secretary,
Social Welfare Department, Shillong
2.The Director of Social Welfare,
Shillong, Meghalaya
3.The Joint Director of Social Welfare,
Shillong, Meghalaya :::Respondents
Smti. Sunita Hajong
W/o Shri. Sukanto Hajong
R/o Proper Hawakhana,
Tura, West Garo Hills, Meghalaya-794001 :::Petitioner
-Vs-
1.The State of Meghalaya represented
by its Commissioner and Secretary,
Social Welfare Department, Shillong
2.The Director of Social Welfare,
Shillong, Meghalaya
3.The Joint Director of Social Welfare,
Shillong, Meghalaya :::Respondents
Smti. Hasina Khatun
W/o Shri. Sardar Harun Roshid
R/o Rajabala, West Garo Hills,
Meghalaya :::Petitioner
-Vs-
1.The State of Meghalaya represented
by its Commissioner and Secretary,
Social Welfare Department, Shillong
2.The Director of Social Welfare,
Shillong, Meghalaya
3.The Joint Director of Social Welfare,
Shillong, Meghalaya :::Respondents
Smti. Tiasha M. Sangma
W/o Shri. Madan Lal Sinha
R/o Ampati, South West
Garo Hills, Meghalaya :::Petitioner
-Vs-
1.The State of Meghalaya represented
by its Commissioner and Secretary,
Social Welfare Department, Shillong
2.The Director of Social Welfare,
Shillong, Meghalaya
3.The Joint Director of Social Welfare,
Shillong, Meghalaya :::Respondents
Smti. Janisha Ch. Marak
W/o Shri. Lonin M. Sangma
R/o New Daramgre,
P.O. Mibonpara, South Garo
Hills, Meghalaya-794005 :::Petitioner
-Vs-
1.The State of Meghalaya represented
by its Commissioner and Secretary,
Social Welfare Department, Shillong
2.The Director of Social Welfare,
Shillong, Meghalaya
3.The Joint Director of Social Welfare,
Shillong, Meghalaya :::Respondents
Smti. Santona Banai Koch
W/o Shri. Hitendra Koch
R/o Ampati, South West Garo
Hills, Meghalaya :::Petitioner
-Vs-
1.The State of Meghalaya represented
by its Commissioner and Secretary,
Social Welfare Department, Shillong
2.The Director of Social Welfare,
Shillong, Meghalaya
3.The Joint Director of Social Welfare,
Shillong, Meghalaya :::Respondents
Smti. Sonabal B. Sangma
W/o Shri. Emerold Ch. Marak
R/o Dolagia Village,
P.O. & P.S Mahendraganj,
South West Garo Hills, Meghalaya :::Petitioner
-Vs-
1.The State of Meghalaya represented
by its Commissioner and Secretary,
Social Welfare Department, Shillong
2.The Director of Social Welfare,
Shillong, Meghalaya
3.The Joint Director of Social Welfare,
Shillong, Meghalaya :::Respondents
Coram:
Hon'ble Mr. Justice H. S. Thangkhiew, Judge
Appearance:
For the Petitioner/Appellant(s) : Mr. A.S. Siddiqui, Sr. Adv. with
Ms. A. Kharmyndai, Adv.
For the Respondent(s) : Mr. N.D. Chullai, AAG with
Ms. Z.E. Nongkynrih, GA
Ms. S. Bhattacharjee, GA
Ms. I. Lyngwa, GA.
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
JUDGMENT AND ORDER
1. These bunch of writ petitions, which are detailed herein below, being
similar in facts and circumstances are being disposed of by this common
judgment and order.
SL Writ Petition Name of the Place of Posting Date of
No Petitioners Appointment
1 WP(C) No.91/2023 Smti. Tamsin T. Office of the Child 23/02/2010
Sangma Development Project
Officer, ICDS Project
Selsella, West Garo Hills
2 WP(C) No.92/2023 Smti. Dolly A. Office of the Child 23/02/2010
Sangma Development Project
Officer, ICDS Project
Selsella. West Garo Hills
3 WP(C) No.93/2023 Smti. Flora Tese K. Office of the Child 23/02/2010
Marak Development Project
Officer, ICDS Project
Gambegre, West Garo
Hills.
4 WP(C) No.94/2023 Smti. Euriva R. Office of the Child 23/02/2010
Marak Development Project
Officer, ICDS Project
Selsella, West Garo Hills.
5 WP(C) No.95/2023 Smti. Arpana Office of the Child 23/02/2010
Hajong Development Project
Officer, ICDS Project
Tikrikilla, West Garo
Hills.
6 WP(C) No.96/2023 Smti. Sunita Office of the Child 23/02/2010
Hajong Development Project
Officer, ICDS Project
Zikzak, West Garo Hills
7 WP(C) No.97/2023 Smti. Hasina Office of the Child 23/02/2010
Khatun Development Project
Officer, ICDS Project
Ranikor, West Khasi Hills
8 WP(C) No.98/2023 Smti. Tiasha M. Office of the Child 23/02/2010
Sangma Development Project
Officer, ICDS Project
Zikzak
9 WP(C) No.99/2023 Smti. Janisha Ch. Office of the Child 23/02/2010
Marak Development Project
Officer, ICDS Project
Tikrikilla
10 WP(C) No.100/2023 Smti. Santona Office of the Child 23/02/2010
Banai Koch Development Project
Officer, ICDS Project
Zikzak, West Garo Hills
11 WP(C) No.101/2023 Smti. Sonabal B. Office of the Child 03/06/2008
Sangma Development Project
Officer, ICDS Project
Zikzak, West Garo Hills
2. The above noted writ petitioners pursuant to an advertisement dated
12.11.2009, inviting eligible candidates for a walk in interview for
appointment, to the post of Lady Supervisors as a special drive for Garo
Hills Division under ICDS Projects on temporary basis, on the condition
that their appointment in a regular manner was contingent upon selection
by the Meghalaya Public Service Commission (MPSC)/District Selection
Committee, had appeared for the same and on being successful were given
temporary appointment. Their appointments thereafter, as Lady
Supervisors under the Integrated Child Development Services (ICDS),
under Regulation 3(f) of the Meghalaya Public Service Commission
(Limitation of Function) Regulation, was then duly approved by the
Cabinet on 15.01.2010.
3. The petitioners thereafter, were posted to their respective place of
postings, after being given appointment vide order dated 23.02.2010, for a
period of 1(one) year, and were also sent for job training course for Lady
Supervisor, and after completion of the same, started discharging their
duties. The respondent No. 2, by letter dated 18.01.2011, then wrote to the
Chairman of the District Selection Committee, East Garo Hills and West
Garo Hills for issuance of advertisement and to conduct interview for the
post of Lady Supervisor, but however, as the same was not forthcoming by
office order dated 15.07.2011, the services of the petitioners and other
similarly situated employees were extended for another period of 1(one)
year. However, out of all the candidates who were appointed on
22.02.2010, 3(three) candidates were called for personal interview by the
District Selection Committee, South Garo Hills on 24.01.2011, without
there being an advertisement, but on being found suitable were
recommended and thereafter given appointment by the respondent No. 2,
on a regular basis.
4. Thereafter, as the respective DSC's, did not take action for
appointment of candidates on regular basis, the respondent No. 2, vide
various office orders, extended the services of the petitioners. The
respondent No. 2, then vide letter dated 28.11.2013, requested the
Chairman of West, East, South and North Garo Hills, District Selection
Committee to take necessary action for recommendation of candidates for
regular appointment, but however, as there was no response, the services of
the writ petitioners were further extended for a period of 89(eighty-nine)
days. Finally, after 5(five) years of service had been completed, the District
Selection Committee for the post in West and South West Garo Hills, on
25.06.2015 and 09.11.2015, published advertisements for the said post. The
respondent No. 2, then instructed the writ petitioners who were temporarily
appointed to apply for the post to the DSC, and to obtain the
NOC/experience certificate from the department. All of the petitioners,
falling within these two districts submitted their applications and were
waiting for response from the DSC, which however, did not proceed with
the selection process. The respondent No. 2, by letter dated 31.07.2015,
then requested the Commissioner Secretary, Social Welfare Department to
regularize the services of the petitioners, as they have put in a long period
of continuous service, which was satisfactory and also had undergone
various in-service trainings. However, this request was denied on the
ground that, the petitioners should qualify themselves through an
examination.
5. The respondent No. 2, then again by another letter dated 29.10.2015,
urged the respondent No. 1, to reconsider the decision and to regularize the
writ petitioners who had rendered long years of service. The writ
petitioners themselves, also addressed a representation, praying for
regularization, which however received no response. The respondent No. 2
then by letter dated 21.03.2017, again requested the DSC's of all the
districts to advertise for filling up the post of Lady Supervisors. But
however, by letter dated 18.08.2017, the respondent No. 3 (Joint Director
of Social Welfare), requested the Chairman of West Garo Hills and South
West Garo Hills to keep the selection in abeyance. Meanwhile, the
respondent No. 3, by letter dated 22.05.2018, communicated that the matter
of regularization of the adhoc supervisors, had been taken up, but as they
had rendered only 7(seven) years of service, were considered not eligible
for regularization.
6. This see-saw battle continued with the request being made again by
the respondent No. 2 to the respondent No. 1, vide letter dated 01.06.2020,
for regularization of the petitioners, which was followed by another letter
dated 09.07.2020, requesting the Chairman, DSC, West Garo Hills and
South West Garo Hills to advertise the said posts. However, this also was
kept on abeyance on the request of the respondent No. 2, on the ground that
the consideration for regularization was being processed. The writ
petitioners then by a representation dated 27.04.2022, again prayed for
regularization, as by this time they had already rendered service of over
12(twelve) years. It is then seen that, by another communication dated
14.02.2023, the State respondents informed the respondent No. 2, that the
Lady Supervisors whose appointment was under 3(f), were to be made
regular only after recommendation of the MPSC/DSC, as the case may be.
7. Though subsequent extensions was granted to the writ petitioners,
this situation which had reached a stale mate, without the selection being
held and the writ petitioners continuing in temporary employment, has
prompted them to approach this Court, by these petitions.
8. Mr. A.S. Siddiqui, learned Senior counsel assisted by Ms. A.
Kharmyndai, learned counsel for the petitioners has submitted that inspite
of their long years in service, the writ petitioners have been treated
shoddily by the respondents, who neither regularized their services nor held
any selection to facilitate the same. He submits that the respondents are
therefore, liable to be directed to engage in a one-time exercise, to allow
the writ petitioners to qualify through a special selection process, so that on
being qualified, their services would be regularized.
9. Mr. N.D. Chullai, learned AAG for the State respondents has
submitted that the appointment of the petitioners was clearly under
Regulation 3(f) which does not vest them any right for regularization.
However, he has very fairly submitted that, the Government in adhoc
appointments made before 31.12.2007, had embarked upon an exercise on
the decision of the cabinet, to regularize the adhoc appointees on certain
conditions, where one of them was, that regularization was subject to the
adhoc employees undergoing a special examination/interview conducted
specifically for that purpose by the MPSC/DSC concerned.
10. Having heard the learned counsel for the parties, and also as per the
materials on record, the fact that the writ petitioners have been serving for a
long period of over 14(fourteen) years presently as on date, is undisputed.
Another fact that cannot be ignored is that the respondent No. 2, in
recognition of the service and experience of the writ petitioners had
requested the respondent No. 1 to consider regularization on several
occasions, and on the same not having been acceded to, had also requested
that a selection be done, which also did not bear any fruit. The result
therefore, is that the petitioners through no fault of theirs, have been
deprived of participating in a selection process to ensure their permanency
in the posts against which they have been serving, these so many years. As
referred by the learned AAG, the State Government in the Personnel and
Administrative Reforms Department vide order dated 23.06.2022, in the
matter of regularization of adhoc appointments made on or before
31.12.2007, had made the same subject to the following conditions, which
are reproduced herein below.
(i) Against sanctioned posts only
(ii) For only adhoc appointments made on or before 31 st
December, 2007.
(iii) Subject to Rules and Regulations.
(iv) Applies prospectively from the date of issue of order
and after the adhoc employees has undergone the
special examination/interview conducted specifically
for this purpose by the Meghalaya Public Service
Commission or the District Selection
Committee/Departmental Selection Committee
concerned.
11. The writ petitioners as they put in long years of service and gained
considerable experience therefore, have a genuine and legitimate
expectation to be regularized against the posts they are serving in, or they
at least be given a chance or a way to secure the same, which as observed
above has not been afforded to them. As such, taking the policy decision of
the State respondents, especially Clause - (iv) quoted above, as a
benchmark for consideration of regularization of adhoc appointees, and as
the terms of appointment of the writ petitioners also being contingent that
they qualify in a regular manner, in a selection by the MPSC/DSC, in the
considered view of this Court, the State respondents are liable to be
directed to conduct a special interview or examination, to enable the writ
petitioners to be considered for regularization thereafter.
12. It is therefore ordered accordingly.
13. This direction is being issued keeping in mind the circumstances
surrounding the case of the writ petitioners and this order shall not serve as
a precedent. It is also further provided that the exercise is to be completed
as expeditiously as possible.
14. These writ petitions accordingly are allowed to the extent indicated
above, and are disposed of.
Judge
Meghalaya
28.05..2024
"D.Thabah-PS"
