Research › Search › Judgment

Meghalaya High Court · body

2022 DIGILAW 270 (MEG)

Reza-ul-karim v. State of Meghalaya

2022-10-12

H.S.THANGKHIEW

body2022
JUDGMENT 1. The writ petitioner is before this Court praying for directions to the State respondents to accept the Service Book and to release all the benefits of the petitioner including pensionary, and other terminal benefits. 2. The case in brief is that the petitioner was initially employed by the Garo Hills Autonomous District Council (GHADC), Tura on 29.01.1974 as Assistant Sub-Inspector of Schools on grade pay, and after 44 long years in service superannuated on 01.10.2008. The claim of the petitioner in the writ petition is based on the fact that in 1994, the State Government by virtue of The Meghalaya (Taking over of District Council Lower Primary Schools) Act, 1993, had taken over the Primary Schools of the District Councils and other matters connected therewith. It appears however, that though the teachers in these schools were made Government employees, the case of the petitioner was not given the same consideration. 3. The petitioner being aggrieved by the non-consideration of his services and non-grant of the status of a Government employee had then filed a representation dated 13.12.2008, praying for release of pensionary benefits and other entitlements, but however, the same did not materialize which has compelled him to come before this Court. 4. By way of an affidavit-in-opposition dated 01.04.2021, the State respondents have averred and affirmed that such liabilities on account of salaries and allowances with regard to the school teachers were to be borne by the State Government, but that however, the Act is silent as to whether the liabilities of the staff are included. The stand of the State respondents, is that as the petitioner had been initially employed by the Garo Hills Autonomous District Council (GHADC), Tura, the parent Department has to bear the entire liabilities and grant the terminal service benefits of the petitioner. 5. It is noted however, that by the letter dated 07.09.2001, which had been issued by the respondent No. 2, the services of the petitioner were agreed to be taken back from the Garo Hills Autonomous District Council (GHADC), Tura and he was directed to join as Sub-Inspector of Schools, Dadenggre, on deputation which clearly shows that his services were under the State Government. Thereafter, it appears that after the filing of the instant writ petition, the State respondents have submitted a proposal to the other line Departments i.e. Personnel and Finance for consideration and approval for regularization of the service of the writ petitioner, so that he be eligible for the terminal benefits which will be borne by the State respondents. 6. This matter had been pending since 25.04.2022, awaiting instructions from the learned GA for the State respondents as to outcome of the said consideration, but till date however, nothing is forthcoming. 7. Mr. S. Deb, learned counsel for the petitioner submits that in view of the situation as it pertains today, and as no further instructions are forthcoming from the State respondents, he prays that directions be issued that the said consideration be completed within a certain time frame. 8. Mr. K.P. Bhattacharjee, learned GA for the State respondents, submits that the last instructions were received on 02.09.2022 and has produced the said communication containing the instructions, whereby it has been indicated therein that the process is still on. 9. In consideration thereof, this writ petition is disposed of at this stage itself, by directing the State respondents to consider the case of the petitioner for regularization of his services, preferably within a period of 4(four) months from the date of receipt of a certified copy of this order. Needless to add, in the event the representation is decided in favour of the petitioner, all consequential benefits shall follow. 10. With the above noted directions, this writ petition stands closed and is accordingly disposed of.