Lalamtre Suchen v. Jaintia Hills Autonomous District Council
2014-12-02
T.NANDAKUMAR SINGH
body2014
DigiLaw.ai
JUDGMENT : T. Nandakumar Singh, J. 1. Heard Mr. A. Paul, learned counsel appearing for the petitioner and also Mr. N. Mozika, learned counsel appearing for the respondents No. 1, 2 & 3. 2. Considering the limited prayer sought for in the present writ petition for a direction to the Secretary, Executive Committee, Jaintia Hills Autonomous District Council, Jowai (for short 'JHADC') to consider and dispose of the representation dated 18.11.2014 which is self-explanatory by passing a reasoned order, this writ petition is taken up for disposal at the motion stage. 3. The fact leading to the filing of the present writ petition is briefly noted. The petitioner was temporarily appointed as an Assistant Teacher in the Assembly of God Church, Mynthong, Jowai under the JHADC, Jowai vide Office Order No. 26 of 2006 dated Jowai, the 12th January, 2007. While the petitioner was serving as Assistant Teacher, she appeared the Departmental Examination for promotion to Class II service and on the recommendations of the said Departmental Examination conducted by the Jaintia District Council Selection Board vide letter dated 16.03.2012, the petitioner was promoted to the post of Assistant Licensing Officer, JHADC vide order dated 05.04.2012. 4. Mr. A. Paul, learned counsel for the petitioner contended that promotion to Class I service from members of the Class II service shall be on the basis of seniority, merit, qualification, efficiency and experience. Further, it is the submission of Mr. A. Paul, learned counsel for the petitioner that the petitioner is not required to sit for the Department Examination for promotion to Class I service inasmuch as, promotion should be on the basis of seniority, merit, qualification, efficiency, and experience. As such, for the vacancy in the Class I service, the petitioner being the second senior most officer in the Class II service should be appointed by promotion to Class I service inasmuch as, one Shri. G. Biam, who was placed at Sl. No. 1 in the seniority list of the Class II officers, had been promoted to Class I service. Mr. N. Mozika, learned counsel for the respondents submits that the petitioner is not the second senior most Class II officer. This court is not deciding this issue in present writ petition. 5.
No. 1 in the seniority list of the Class II officers, had been promoted to Class I service. Mr. N. Mozika, learned counsel for the respondents submits that the petitioner is not the second senior most Class II officer. This court is not deciding this issue in present writ petition. 5. The Member Secretary, District Council Selection Board & Under Secretary, Executive Committee, JHADC issued an advertisement dated 17.09.2014 inviting applications in standard form from the Class II officers of the Council for filling up the promotional post for Class I officers in the Office of the JHADC, Jowai. In response to that advertisement i.e. 17.09.2014, the petitioner also filed the application in the prescribed form for appearing the Departmental Examination for promotion to the post of Class I officer. The Member Secretary, District Council Selection Board & Under Secretary Executive Committee, JHADC, Jowai issued notice dated 27.10.2014 to the petitioner that the written examination for the post of Class I officer will be held on 01.12.2014. The petitioner also filed a representation dated 18.11.2014 to the Secretary, Executive Committee, JHADC, Jowai for considering her case for promotion to the post of Class I. The said representation dated 18.11.2014 is still pending. 6. In above of the factual backdrop, this writ petition is disposed of by directing the Secretary, Executive Committee, JHADC, Jowai to consider and dispose of the said representation dated 18.11.2014 within a period of 3 (three) weeks from the date of receipt of a certified copy of this judgment and order. 7. However, it is made clear that any observation made in this judgment and order shall not stand in the way of disposing of the said representation by the District Council in accordance with law.