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Judgment
Heard Mr. H.L. Shangreiso, learned counsel for the petitioner as well as Mr. H. Kharmih, learned State counsel.
The brief fact of the petitioner''s case in a nutshell is that:
The writ petitioner was appointed and joint the service on 01.09.1988 to the sanction post of Gramsevak and posted at Ranikor. The nature of
the duties of the Gramsevak in the state of Meghalaya is mainly concerned with the field work such inspection, supervising and reporting of the
natural calamities, implementation of the public schemes, animal and husbandry census, agriculture and horticulture census, etc. While performing
his duties, the respondents abruptly stopped to pay his month salary of Rs. 18020 (Rupees Eighteen Thousand and Twenty) only from the month
of May, 2010 till date on the plea that he needs to regularized his absent w.e.f. 19.07.2011 despite of the fact that he did not absent. Though the
direction has been given by the respondent Deputy Commissioner vide letter dated 14.02.2016 to allow him to resume his duty, the joining report
dated 20.02.2017 submitted by him was refused to accept by the respondent Block Development Officer and insisted him to regularize the above
absent which is strongly disputed by him on record.
Moreover, the writ petitioner has been denied three advance increments admissible under Meghalaya Services (Revision of Pay) Rules, 1997 vide
notification dated 1st December, 1997. Further, two financial upgradation entitled by him under the Assured Career Progression Schemes (in short
ACPS) in pursuance to the 4th Meghalaya Pay Commission recommendation vide office memorandum dated 22nd February, 2010 also denied to
him by the respondent state despite of serving for more than 29 years without promotion. Hence, this writ petition for necessary reliefs as Your
Lordship may be deemed fit and proper for the ends of justice.
The learned counsel for the petitioner submits that the petitioner could not attend office as he suddenly fell sick and could not submit his leave
application or medical certificate. On joining he submitted his medical certificate and even after that also his salary was not released. The petitioner
has also got other grievances i.e. three increments were stopped and his ACPS was not upgraded. Hence, this instant petition.
The learned State counsel present before the Court submits that he has no knowledge about the full facts of the case.
After hearing the submissions advanced by the learned counsel for the parties, I am of the considered view that if a person falls sick all of a
sudden and could not produced the leave application or medical certificate due to various reasons, that cannot be taken as a serious offence.
Therefore, I feel that this petition can be disposed of at this motion stage with following condition:
The respondent is directed to release the salary of the petitioner and also to release his increments and upgrade his ACPS in accordance with the
rule if it is not barred by any law or rule.
With this observation and direction this instant writ petition is allowed to that extent and stands disposed of with a liberty to file afresh if the
petitioner''s grievances remain unaddressed.