State of Meghalaya v. Registrar General, High Court of Meghalaya
2019-02-07
H.S.THANGKHIEW, MOHAMMAD YAQOOB MIR
body2019
DigiLaw.ai
JUDGMENT : 1. An affidavit has been filed wherein it has been stated that a Corrigendum bearing No. LJ (A) 11/99/155 dated 01.02.2019 has been issued in terms whereof Notification No. LJ (A) 11/99/154 dated 27.11.2018 has been rectified by including words "spouse and dependent children of the "retired Judges" eligible for medical facilities. 2. Pertaining to Rule 10A, a Notification No.GAB.7/2016/39 dated 04.02.2019 has been issued in terms whereof official duties as appeared in amended Rule 10A has been shown to include "visits connected with medical treatment and works of an emergent nature". We have examined the same but are not satisfied. The earlier Rule 10A as it is existed notified vide Notification No.GAB.112/89/418 dated 10.03.2016 is required to be restored as it is. 3. Notification dated 04.10.2018 bearing No.GAB.112/89/478 in effect had negated the very object of Rule 10A of the Meghalaya State Guest Rules, 1991 as inserted vide Notification 10.03.2016. Said Notification dated 04.10.2018 stand quashed by the impugned order. The respondents now have given effect to Rule 10A as it was by issuing fresh Notification dated 04.02.2019 but same requires revisit. 4. Learned Advocate General was in the open Court made aware about the effect of Notification dated 04.02.2019 and also the object of Rule 10A as it was inserted in the year 2016. He was fair enough to state that he will take up the matter with the concerned authority so that ambiguity is removed. He was suggested for withdrawal of both the Notifications dated 04.10.2018 bearing No.GAB.112/89/478 as well as Notification No.GAB.7/2016/39 dated 04.02.2019 so as to advance the object of Rule 10A as inserted vide Notification No.GAB.112/89/418 dated 10.03.2016 which otherwise is restored, because Notification dated 04.10.2018 stand quashed. The matter is deferred so as to enable the Advocate General to get the matter considered and to report. 5. Regarding enhancement of Secretarial Assistance and Domestic Help matter is stated to be referred for re-consideration of Full Court. In addition it is made clear by the learned Advocate General that regarding telephone bill pertaining to the retired Judges matter has also been referred to Full Court. Registrar General to put up the same on administrative side. 6. List again after a week.