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2002 DIGILAW 265 (GAU)

Margaret Wanrap and Ors. v. State of Meghalaya and Ors.

2002-06-17

N.SURJAMANI SINGH

body2002
N.S. SINGH, J- These three writ petitions are interrelated each other and involved common question of facts and laws and that being the position these are taken up together for hearing at this stage. Considering the fact that these three writ petitions can be disposed or finally at this stage, these are disposed of accordingly with the following common judgment and order. 2. The petitioners Smt Margaret Wanrap in WP(C) No. 195 (SH)2002. Shri Kosparland Lyngdoh in WP(C) No. 196(SH)2002 and Smti. Prisca Lyndoh in W.P.(C) No. 197 (SH)2002, are the Grade IV employees under the Public Works Department (for short 'PWD') who have rendered their services since 1997, 1984 and 1990, respectively. Their grievance is that the Grade IV employees including the petitioners in P.W.D. Govt. of Meghalaya have no promotional avenue/opportunities but in other departments like Secretariat Administration Deptt. (for short 'SAD'), Government of Meghalaya, those Grade IV employees have promotional avenues/ opportunities to the post of LDA, Duftry, Record Supplier, Typist, etc. and their services are governed by the Meghalaya Subordinate Service Rules, 1973 (for short "Rule of 1973") as amended up to date. 3. Supporting the case of the petitioners, Mr Mahanta, learned counsel, has drawn my attention to certain documents appended to the writ petition in WP(C) No. 196(SH) 2002, pertaining to the amalgamation of the services of the Grade IV staff of PWD Secretariat with that of the Grade IV staff of Meghalaya Secretariat (Civil) as seen in the documents marked as Annexures-8,11 and 12 to the writ petition WP(C)No. 196(SH) 2002 and submitted that the Government had initiated the process for amalgamation of services of Grade IV staff of PWD Secretariat with that of the services of the Grade IV staff of Meghalaya Secretariat (Civil) inasmuch as the authorities have taken steps to the stage that services of the Grade IV staff of PWD Secretariat shall be amalgamated so as to enable them to get promotion to the post of LDA under SAD as provided under Rule 8(3) of the Rules of 1973. According to me, submission of Mr Mahanta to supported by the document marked as Annexures-8, 11 and 12 to the said writ petition's the authority concerned has failed to take up effective measures in the matter these petitioners approached this Court by filing these writ petitions with the prayer for a direction to the respondents to consider at least for one promotional avenues to the petitioners. 4. Mr B.P. Marngar, learned senior GA, Meghalaya, did not controvert the fact that there is no recruitment rule for promotion of Grade IV staff of PWD to the post of LDA or equivalent posts. 5. At the hearing, the learned counsel for the petitioners further contended that as and when there are/were vacant posts of LDA or equivalent posts in PWD, these are generally filled up by the employees from Meghalaya Secretariat (Civil) and the Grade IV employees of PWD have not been afforded with promotional avenues/ opportunities since its inception or establishment. 6. Mr Mahanta, learned counsel also argued that creation of reasonable promotional opportunities are required to be made available to those Grade IV employees of PWD including the petitioners. 7. Be that as it may, now this Court has to see and examine as to whether these writ petitioners have forceable legal rights or not. 8. The admitted position is that there is no promotional avenue for the Grade-IV employees working under PWD, Government of Meghalaya, and higher posts like LDAs are generally filled up by the employees from Meghalaya Secretariat (Civil). From the available materials on record it is seen that the Grade-IV employees of PWD after joining their services in the said department shall have to remain as Grade-IV employees even though they possess requisite educational qualification like HSLC examination pass, Pre-University, Graduation etc. till the date of their retirement. In other words, their services remained standstill and stagnation and they shall not get single chance for promotion during their life time. At this stage, I hereby recall a decision of the Apex Court rendered in Raghunath Prasad Singh-Vs-Secretary, Home Department, Government of Bihar and others, 1988 (Supp) SCC 519: AIR 1988 SC 1033 , wherein the Apex Court held thus: "Promotional opportunities should be available in every wing of public service. That generates efficiency in service and foster the appropriate attitude to grow for achieving excellence in service. That generates efficiency in service and foster the appropriate attitude to grow for achieving excellence in service. In absence of promotional prospects, the service is bound to degenerate and stagnation kills the desire to serve properly." 9. Apart from that it is also well settled law of the land that the Court is not competent to give directions to lay down policy which would be for the appropriate Government to take policy decision, or to issue directions to create promotional avenues. If the Court gives such a direction, it would amount to entrancing upon the area of policy making which is within the purview of the appropriate Government. Reference can be made in this regard to a decision of the Apex Court rendered in Tech. Executive (Anti Pollution) Welfare Association- Vs-Commissioner of Transport Department and another, AIR 1997 SC 3662 . Considering the nature of these three cases, I am of the view that to secure ends of justice, the promotional avenues/opportunities should be provided by the State respondents to the Grade-IV employees including these three petitioners in the next higher post of IDAs or equivalent posts for which this Court requires the State respondents to apply its mind to what has been stated above and observed by this Court keeping in view of the case in Regunath Prasad Singh-Vs-Secretary, Home Department, Government of Bihar and others (supra) and Tech. Executive (Anti-Pollution) Welfare Association-Vs-Commissioner of Transport Department and another (supra) and other existing circumstances like promotional avenue of those Grade-IV employees in other department like Secretariat (Civil Service) and to take necessary decision as early as possible within a reasonable period preferably within a period of four months from the date of receipt of a certified copy of this order from the petitioners. It is made clear that there shall be no impediment on the part of the State respondents to absorb the services of these three petitioners in Secretariat (Civil Services), Government of Meghalaya and afford them with the promotional avenue as discussed above. For the reasons and observations, these three writ petitions are disposed of.