C. Jerusalem Sunday v. Mara Autonomous District Council
2019-03-29
NELSON SAILO
body2019
DigiLaw.ai
JUDGMENT : Nelson Sailo, J. 1. Heard Mrs. Dinari T. Azyu, the learned counsel for the petitioners. 2. Having regard to the nature of the controversy raised by the petitioners, the writ petition is taken up for disposal at the motion stage itself. 3. Brief facts of the case is that the petitioners were appointed as Computer Operator/ LDC-cum-Computer Operator Grade-IV either on Muster Roll, Contract or on fixed pay basis by the Mara Autonomous District Council (MADC) between the years 2005-2009. After serving for a numbers of years, there services came to be regularized by the respondent authority through separate orders but all w.e.f. 16.03.2010. 4. The petitioners contend that the private respondents are junior to them in service except for respondent No. 2, who too was regularized w.e.f. 16.03.2010. They contended that the respondent authority concerned without considering their case, promoted the private respondents to the post of Computer Operator Grade-III vide Office Order dated 28.09.2018 (Annexure-7) with immediate effect. The petitioners being highly aggrieved submitted a joint representation before the Executive Secretary, Mara Autonomous District Council, Siaha on 11.10.2018 (Annexures-8 and 8/A). 5. Mrs. Dinari T. Azyu, the learned counsel submits that the representation submitted by the petitioners has not yet been considered by the respondent authority and the same is pending as on date. She submits that according to the petitioners, there are presently as many as 9 posts of Computer Operator Grade-III vacant and therefore, the petitioners without disturbing the promotion of the private respondents will be satisfied if a direction is given to the respondent authority to consider their representation favorably by keeping in mind the vacancies currently available and to dispose of their representation within a time frame. 6. Considering the limited prayer made by the petitioners through their appointed counsel, the writ petition is disposed of with the direction to the respondent No. 1 to consider the representation of the petitioners submitted on 11.10.2018 and to dispose of the same by way of a speaking order within a period of 1 (one) month from the date of receipt of a certified copy of this order. 7. The respondent No. 1 should also keep in mind the fact that as claimed by the petitioners, there are nine posts of Computer Operator Grade-III vacant against which the petitioners can be considered. 8.
7. The respondent No. 1 should also keep in mind the fact that as claimed by the petitioners, there are nine posts of Computer Operator Grade-III vacant against which the petitioners can be considered. 8. The petitioners shall also submit to the respondent No. 1, a copy of the writ petition along with a certified copy of this order.