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2014 DIGILAW 56 (MEG)

Mansuk Tron v. State of Meghalaya

2014-04-04

T.NANDAKUMAR SINGH

body2014
Order (ORAL) Heard Mr. K Sunar, learned counsel for the petitioner and Mr. S. Sen Gupta, learned GA appearing for the State respondents. 2. By this writ petition, the petitioner is seeking for regularization of his service as Forest Guard w.e.f. 01.09.2004 inasmuch as, the petitioner was initially appointed as Forest Guard under the harness scheme on 01.09.2004 on officiating basis and finally regularized his appointment by an order dated 16.06.2011 w.e.f. 02.07.2007. The copy of the said order dated 16.06.2011 is available at Annexure-VI to the writ petition and it reads as follows:- “GOVERNMENT OF MEGHALAYA OFFICE OF THE DIVISIONAL FOREST OFFICE SOCIAL FORESTRY DIVISION EAST KHASI HILLS: SHILLONG. O.O. No.30 Dated, Shillong, the 16th June, 2011 In pursuance to Govt. letter No.FOR.126/2006/132 Dt.25/5/2011 and PCCF & HOFF Memo.No.MFE.1/91/2175 dt.3.6.2011 Shri. Mansuk Tron son of (L) K.S. Khyriem, Ex-Forest Ranger is hereby appointed as Forest Guard with effect from 2nd July 2007 against the vacant post due to the death of (L) A. Umdor, Ext-Forest Guard in the scale pay of Rs.2650-50-2900-EB-60-3430-70-4130/- plus other allowances as admissible under Rules. Sd/- Divisional Forest Officer, Social Forestry Division, East Khasi Hills, Shillong.” 3. Respondents had filed affidavit-in-opposition as well as additional affidavit wherein, it is stated that as the approval to the appointment of the petitioner under the death and harness scheme was granted on 24.05.2011, his regular appointment as Forest Guard would be w.e.f. 24.05.2011 i.e. the date of approval of his appointment by the Govt. Para 4 of the additional affidavit filed by the respondents reads as follows:- “4. That with regard to the statement made in paragraphs 11, 12, 13, 14, 15 & 16 to the writ petition filed by the petitioner the answering deponent would like to further states that according to provisions laid down in Office Memorandum No.PER (AR) 45/91/1 dt. 19.6.1991 (Annexure-13), fixation of seniority in case of appointment made on compassionate ground is determined from the date of joining the post, and the position of the incumbent is next to junior-most in the cadre/post on that date. As approval to the appointment of Shri. Mansuk Tron under the scheme conveyed on 24.5.11 (Annexure-14) is deemed to be a regular one, hence, the claim of the petitioner for regularization of service with effect from 1.9.2004 to 31.5.2011 towards counting of leave, increments, pension etc. with consequential benefits, does not arise. As approval to the appointment of Shri. Mansuk Tron under the scheme conveyed on 24.5.11 (Annexure-14) is deemed to be a regular one, hence, the claim of the petitioner for regularization of service with effect from 1.9.2004 to 31.5.2011 towards counting of leave, increments, pension etc. with consequential benefits, does not arise. Regarding regularization of service, the office orders PER (AR)81/74/24 dt.30.4.74 (Annexure-VII) and No.PER(AR) 75/83/2 dt.26.4.83 (Annexure-12) applicable in the case of appointment order Regulation 3 (F) or an adhoc service is also applicable in the case of Compassionate Appointment of Shri. Mansuk Tron i.e. with effect from the date of issue of the order on compassionate appointment duly approved by Government.” 4. Learned counsel appearing for the petitioner submits that he had received an instruction from the petitioner that the petitioner is agreeable to accept the date of his regular appointment mentioned by the respondents in their additional affidavit i.e. w.e.f. 24.05.2011 i.e. the date for approval of the appointment of the petitioner as Forest Guard. 5. In the above factual backdrop, this writ petition is disposed of by directing the respondents to regularize the period of service of the petitioner w.e.f. 24.05.2011 to 15.06.2011 with all service benefits including seniority. 6. With the above, this writ petition is allowed.