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2022 DIGILAW 156 (MEG)

Solaiman Sarkar v. State of Meghalaya

2022-06-10

H.S.THANGKHIEW

body2022
JUDGMENT 1. This batch of writ petitions being identical and similar are being disposed of by this common judgment and order. 2. The writ petitioner's prayer in these petitions is for directions to be issued to the respondents to finalize the process for their regularization which had been recommended vide letter dated 29-11-2018 issued by the respondent No. 4 and for recall of an impugned advertisement dated 17-05-2017 and impugned notice dated 22-07-2020. 3. The petitioners were appointed as Para Medical Staff/Surveillance Worker, Grade-IV under the respondent No. 4, the District and Medical Health Officer, I/c NVBDCP (Vector Borne Disease Office), West Garo Hills, Tura on the following dates: (i) Solaiman Sarkar [WP(C). No. 245/2020] on 16-05-2012. (ii) Hipperson Arengh [WP(C). No. 280/2020] on 13-06-2012. (iii) Javed Sarkar [WP(C). No. 286/2020] on 24-04-2013. (iv) Bluestar Ch. Sangma [WP(C). No. 287/2020 on October, 2014. (v) Edmund D. Sangma [WP(C). No. 288/2020] on 05-12-2012. (vi) Parwithson Sangma [WP(C). No. 289/2020] on 30-10-2014. 4. It is submitted by Mr. S.Chanda, learned counsel for the petitioners that since their appointment, the writ petitioners have been serving without a break and the respondent No.4 on a request for supply of names for consideration for confirmation and regularization sent by the respondent No. 3, had forwarded the names of the petitioners along with hundred other names for consideration for regularization. The learned counsel also submits that for the said post occupied by the petitioners on adhoc basis, an advertisement had earlier been floated on 17-05-2017 to which he contends has not culminated as yet in any selection and the petitioners are continuing to serve against the said posts. However, the further grievance that has been put forward is that a notice dated 22-07-2020 has been issued by the respondent No. 5, the Member Secretary, District Selection Committee, West Garo Hills, Tura calling upon the candidates who had applied for the post of Surveillance Worker to collect their call letters for the written test which was to be held on 08-08-2020. 5. It is contended by the learned counsel that as the petitioners have been recommended for regularization by the respondent No.4, the selection process should be cancelled and the petitioners considered for regularization of their services against the said vacant posts that had been advertised. 6. Mr. B. Bhattacharjee, learned AAG assisted by Mr. 5. It is contended by the learned counsel that as the petitioners have been recommended for regularization by the respondent No.4, the selection process should be cancelled and the petitioners considered for regularization of their services against the said vacant posts that had been advertised. 6. Mr. B. Bhattacharjee, learned AAG assisted by Mr. A. H. Kharwanlang, learned GA in reply, submits that no right has accrued to the petitioners to claim for regularization without undergoing a regular selection process. In this context, the learned AAG had drawn the attention of this Court to the appointment orders which he submits has categorically stated that the temporary appointment is terminable at the expiry of the period mentioned therein, and that regular appointment is to be made only through the recommendations of the appropriate recruiting authority. He further submits that the said recommendation of the respondent No.4 is of no consequence, as the same has been made at his own level, without taking into consideration the nature of temporary appointment that had been given to the petitioners, and the procedure for regular selection to those posts. 7. In support of his case, the learned AAG has placed reliance on the case of State of Karnataka v. Umadevi (2006) 4 SCC 1 wherein he submits it has been held that it is ordinarily not proper for Constitutional Courts to direct absorption in permanent employment of those who have been engaged without following the due process of selection as envisaged by the constitutional scheme. He has also placed reliance on the case of M.P. State Coop. Bank Ltd. v. Nanuram Yadav (2007) 8 SCC 264 to highlight the principles to be adopted in the matter of public appointment. Lastly, he submits that the petitioners have failed to apply for the said posts in terms of the impugned advertisement dated 17-05-2017 and as such, have no legitimate right or expectation to be accommodated against the said sanctioned posts. 8. Having heard learned counsel for the parties, it is noted that the petitioners stake their claim to be considered for regularization only on the basis of the said recommendation made by the respondent No. 4. In this context, it would be relevant to examine the terms of their appointment as set out in their letter of appointment. 8. Having heard learned counsel for the parties, it is noted that the petitioners stake their claim to be considered for regularization only on the basis of the said recommendation made by the respondent No. 4. In this context, it would be relevant to examine the terms of their appointment as set out in their letter of appointment. All the appointment letters are identical in content and for the sake of convenience one such letter is reproduced herein below: 'GOVERNMENT OF MEGHALAYA OFFICE OF THE DISTRICT MEDICAL & HEALTH OFFICER: WEST GARO HILLS:TURA:ORDER OF THE DISTRICT MEDICAL & HEALTH OFFICER:WEST GARO HILLS:TURA: APPOINTMENT ORDER Dated Tura, the th May/2012 No.NVBDCP/WGH/I/ESSTT/APPTT./SW/2012// Subject to discharge without notice and without assigning any reasons thereof and subject to satisfactory performance, Shri Solaiman Sarker, S/o Lt. Jahangir Sarker, Village Shidakandi, P.O. New Bhaitbari, West Garo Hills is hereby most temporarily appointed as Surveillance Worker for a period of 3 (three) months from the date of joining for duty in the office Establishment of the District Malaria Officer (NVBDCP), West Garo Hills, Tura in the Scale of Pay of Rs. 7100-180-8360-EB-230-10430-310-13840/- p.m. plus other Allowances as admissible under the Government Rules against the existing vacant post vice Shri Sengseng A. Sangma, (Rtd. Surveillance Worker) took voluntary retirement and posted in Tikrikilla PHC with immediate effect. This appointment is made purely on temporary basis and is terminable at the expiry of this appointment unless or otherwise it is extended depending on his performance. He is to note that regular appointment is made only through the recommendations of the Appropriate Recruiting Authority and this temporary appointment does not entitle him in any way for claim of such appointment. He is hereby directed to report for duty to the Medical & Health Officer, I/C Tikrikilla PHC within 10(ten) days from the date of issue of this order failing which it will be treated as forfeited. Sd/- (Dr. C.J.M Sangma) District Medical & Health Officer, West Garo Hills, Tura. Memo. No.NVBDCP/WGH/I/ESSTT/APPTT./SW/2012/2055-62 Dt. 16-5-12. Copy for favour of information and necessary action to : - 1. The Director of Health Services (M.I), Meghalaya, Shillong. 2. The Dy. Director of Health Services (M), Meghalaya, Shillong. 3. The District Malaria Officer (NVBDCP), West Garo Hills, Tura. 4. The Sr. Medical & Health Officer, I/C Darengre PHC. This arrangement reduces the number of Surveillance Workers under Darengre PHC by one which is unavoidable. 5. The Director of Health Services (M.I), Meghalaya, Shillong. 2. The Dy. Director of Health Services (M), Meghalaya, Shillong. 3. The District Malaria Officer (NVBDCP), West Garo Hills, Tura. 4. The Sr. Medical & Health Officer, I/C Darengre PHC. This arrangement reduces the number of Surveillance Workers under Darengre PHC by one which is unavoidable. 5. The Medical & Health Officer, I/C Tikrikilla PHC with a request to forward the joining report of the incumbent to the District Malaria Officer, Tura. This arrangement was done on the basis of her request for posting of one additional Surveillance Worker/MPW in Tikrikilla PHC due to shortage of Health Workers against a big area vide Let. No. TPHC/WGH/12-13/14-15 dtd. 20-4-2012. She is to allot the areas to the Surveillance Worker accordingly. 6. The Accounts Branch, District Malaria Office, Tura. 7. Shri. Solaiman Sarker, S/o Lt. Jahangir Sarker, Village Shidakandi, P.O. New Bhaitbari, West Garo Hills. 8. The Order file. Sd/- (Dr. C.J.M Sangma) District Medical & Health Officer, West Garo Hills, Tura.' 9. A bare perusal of the appointment letter reflects that the same is for a certain period and it has been made amply clear therein, that regular appointment is to be made only through the recommendations of an Appropriate Recruiting Authority, and that the temporary appointment as given, does not entitle the appointee in any way for claim of regularization. In this case, the Appropriate Recruiting Authority, is the District Selection Committee, which is the authority that had floated the advertisement dated 17-05-2017. In sum and substance therefore, the terms of appointment being crystal clear, there is no room for any other interpretation otherwise. 10. The said recommendations of the respondent No. 4, on which heavy reliance has been placed upon by the petitioner, in view of the terms of appointment and also the prescribed mode of selection, which is to be conducted by the District Selection Committee, appears to have been made without any basis and in total disregard of the mandated regular selection process and as such, the same cannot be taken to cloak the petitioners with any vested right. The decisions placed by the learned AAG also being on a settled point of law does not permit any consideration to be accorded to such cases. 11. The decisions placed by the learned AAG also being on a settled point of law does not permit any consideration to be accorded to such cases. 11. In view of the facts and circumstances as discussed above, the petitioners cannot be said to have any legitimate expectation or claim over the said posts of Surveillance Worker which is to be filled up by a regular selection process. As such, these petitions being devoid of any merit are accordingly dismissed. 12. Parties to bear their own costs.