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Judgment
Heard Mr. P. Nongbri, learned counsel for the petitioners as well as Mr. K. Barua, learned GA appearing on behalf of the State.
In WP(C) No. 287 of 2016 the brief fact of the petitioner''s case in a nutshell is that:
This is an application under Article 226 of the Constitution of India praying for issuance of a writ in the nature of Mandamus directing
the respondents to treat the petitioner as regular and confirmed employee in the post of Lower Division Assistant in the Office of the
Deputy Conservator of Forests, Social Forestry Division, Nongstoin from the date of joining and extend all service benefits to the
petitioner as applicable to a regular and confirmed employee from the date of joining.
The petitioner was appointed as Lower Division Assistant (LDA) on temporary basis in the office of the Deputy Conservator of
Forests, Social Forestry Division, Nongstoin in the scale of pay of Rs. 375-12-459-EB-13-500-15-650/- pm w.e.f. 08.03.1982.
Thereafter on 08.03.1982 submitted her joining report before the Deputy Conservator of Forest, Social Forestry Division, Nongstoin
and she resumed her duty as Lower Division Assistant on 08.03.1982 forenoon. Ever since the petitioner has been appointed, she
has been performing her duties to the best of her abilities and efficiencies without any complaints from any quarter.
The petitioner has been working diligently and efficiently in the capacity of Lower Division Assistant since 08.03.1982 and her service
record book has been maintained regularly by the Social Forestry Division, Nongstoin. The petitioner has also been receiving the
regular increments in the salary and also made regular General Provident Fund contributions since December, 1986.
The petitioner has been working in the post of Lower Division Assistant on temporary basis since the year 1982. After being in
service for about 20 long years, the respondent No. 2 vide letter dated 19.04.2002 confirmed the services of the petitioner as
permanent LDA with retrospective effect from 08.01.1991.
In spite of having been working for more than 34 years, surprisingly, the service of the petitioner though confirmed with effect from
08.01.1991, till date has not been treated as a regular confirmed employee nor regularized in the said post. The petitioner then
submitted a representation dated 20.08.2014 and representation dated 14.12.2015 before the respondent No. 4 praying for
regularization in the said post. In response to the same, the respondent No. 3 vide letter dated 08.01.2016 then informed the
respondent No. 5 that it is under consideration and the matter may be awaited. However, no action has been taken till date with
regard to the regularization of the services of the petitioner.
It is pertinent to mention herein that the petitioner has been working in the aforesaid post for more than 34 years without any
complaints from any quarter and is due to retire in the year 2021 and is left remaining with just 5 (five) years in service. More than 8
(eight) months has passed, there has been no positive response from the respondents. The petitioner even after submission of several
representations has been only informed that the matter is under consideration. Further, in spite of the petitioner been confirmed to the
post of Lower Division Assistant since 19.04.2002 with effect from 08.01.1991, the respondents have not taken any positive action
to treat the services of the petitioner as a regular confirmed employee or regularize the services of the petitioner.
The respondents acted illegally, arbitrarily and discriminatorily in not treating the services of the petitioner as a regular confirmed
employee or regularized the services of the petitioner inasmuch as the petitioner has been working in the post of Lower Division
Assistant for more than 34 years and is due to superannuate in the year 2021 and has only 5 (five) years left remaining in service.
Till date the respondents have not taken any steps to regularize the service of the petitioner inspite of the fact that the petitioner has
already been confirmed in the said post since 19.04.2002 with effect from 08.01.1991. As such, it is a fit case for interference by this
Hon''ble Court in exercise of powers under Article 226 of the Constitution of India.
In WP(C) No. 288 of 2016 ""This is an application under Article 226 of the Constitution of India praying for issuance of a writ in the
nature of Mandamus directing the respondents to regularize the service of the petitioner in the post of Forester GR-1 in the Office of
the Social Forestry Division, West Khasi Hills, Nongstoin from the date of joining and extend all service benefits to the petitioner as
applicable to a regular and confirmed employee.
The factual matrix of the case is that the District Selection Committee, West Khasi Hills District, initiated process by issuing an
advertisement inviting applications for filling up the post of Forester employees. The petitioner applied for the said post and his
candidature was duly accepted. Subsequently, Personal Interviews (viva voce) for all these posts were conducted by the District
Selection Committee. Pursuant to the personal interviews, vide memo Select List dated 07.01.1989 the Select List of all the
successful candidates was published and the petitioner was placed at Serial No. 56 of the Select List.
The petitioner was then appointed as Forester Gr-1 on temporary basis attached to Social Forestry Division, West Khasi Hills,
Nongstoin vide appointment No. O.O. 85 dated 04.04.1989 in the scale of pay of Rs. 1050-25-1175-EB-30-1385-35-1735/- PM
plus other usual allowances as admissible in the Rules of the State Government issued from time to time against the post sanctioned
vide Government letter dated 30.03.1989. On 13.04.1989 submitted his joining report before the Divisional Forest Officer, Social
Forestry Division, Nongstoin and he resumed his duty as Forester Gr-1.
The petitioner has been working diligently and efficiently in the capacity of Forester Gr-1 since 13.04.1989 and his service record
book has been maintained regularly by the Social Forestry Division, Nongstoin. The petitioner has also been receiving the regular
increments in the salary and also made regular General Provident Fund contributions since December, 1989. The petitioner has been
working in the post of Forester Gr-1 on temporary basis since the year 1989. Even after being in service for about 27 long years, the
petitioner respondents till date have not regularized nor confirmed the services of the petitioner in the post of Forester Gr-1.
In spite of having served for more than 27 years, the service of the petitioner though appointed by a proper selection process, till date
has not been regularized in the said post. The petitioner then had also submitted a representation dated 20.08.2014 and
representation dated 14.12.2015 before the respondent No. 4 praying for regularization in the said post. The respondent No. 4 then
vide letter dated 12.09.2014 informed the respondent No. 5 that the names of the incumbents praying for regularization of their
services has been included in the list submitted to the Government for consideration. In response to the same, the respondent No. 3
vide letter dated 08.01.2016 then informed the respondent No. 5 that it is under consideration and the matter may be awaited.
The petitioner been duly recommended by the District Selection Committee for appointment to the post of Forester. It is incumbent
upon the respondents and their instrumentalities that steps be taken to regularize as a one-time measure, those who have worked for
ten years or more in duly sanctioned posts but not under cover of orders of the courts or of tribunals and moreover the petitioner is a
duly selected candidate.
The respondents acted illegally, arbitrarily and discriminatorily in not regularizing the services of the petitioner inasmuch as the
petitioner has been working in the post of Forester Gr-1 for more than 27 years and is due to superannuate in the year 2022. Further,
the petitioner has been appointed through proper selection process but despite the same has not been regularized till date. As such, it
is a fit case for interference by this Hon''ble Court in exercise of powers under Article 226 of the Constitution of India.
In WP(C) No. 289 of 2016 ""This is an application under Article 226 of the Constitution of India praying for issuance of a writ in the
nature of Mandamus directing the respondent to treat the petitioner as regular and confirmed employee in the post of Lower Division
Assistant in the Office of the Deputy Conservator of Forests, Social Forestry Division, Nongstoin from the date of joining and extend
all service benefits to the petitioner as applicable to a regular and confirmed employee from the date of joining.
The petitioner was appointed as Lower Division Assistant (LDA) cum typist on temporary basis in the office of the Deputy
Conservator of Forests, Social Forestry Division, Nongstoin in the scale of pay of Rs. 375-12-435-EB-13-500-EB-15-650/- pm
w.e.f. 01.04.1983. Thereafter on 01.04.1983 submitted her joining report before the Deputy Conservator of Forest, Social Forestry
Division, Nongstoin and she resumed her duty as Lower Division Assistant on 01.04.1983 forenoon. Ever since the petitioner has
been appointed, she has been performing her duties to the best of her abilities and efficiencies without any complaints from any
quarter.
The petitioner has been working diligently and efficiently in the capacity of Lower Division Assistant since 01.04.1983 and her service
record book has been maintained regularly by the Social Forestry Division, Nongstoin. The petitioner has also been receiving the
regular increments in the salary and also made regular General Provident Fund contributions since December, 1986. The petitioner
has been working in the post of Lower Division Assistant on temporary basis since the year 1983. After being in service for about 19
long years, the respondent No. 2 vide letter dated 19.04.2002 confirmed the services of the petitioner as permanent LDA with
retrospective effect from 08.01.1991.
In spite of having been working for more than 33 years, surprisingly, the service of the petitioner though confirmed with effect from
08.01.1991, till date has not been treated the services of the petitioner as a regular confirmed employee or regularized in the said
post. The petitioner then submitted a representation dated 20.08.2014 and representation dated 14.12.2015 before the respondent
No. 4 praying for regularization in the said post. In response to the same, the respondent No. 3 vide letter dated 08.01.2016 then
informed the respondent No. 5 that it is under consideration and the matter may be awaited.
It is pertinent to mention herein that the petitioner has been working in the aforesaid post for more than 33 years without any
complaints from any quarter and is due to retire in the year 2022 and is left remaining with just 6 (six) years in service. More than 8
(eight) months has passed, there has been no positive response from the respondents. The petitioner even after submission of several
representations has been only informed that the matter is under consideration. Further, in spite of the petitioner been confirmed to the
post of Lower Division Assistant since 19.04.2002 with effect from 08.01.1991, the respondents have not taken any positive action
to treat the services of the petitioner as a confirmed regular employee or regularize the services of the petitioner.
The respondents acted illegally, arbitrarily and discriminatorily in not regularizing the services of the petitioner inasmuch as the
petitioner has been working in the post of Lower Division Assistant for more than 33 years and is due to superannuate in the year
2022. Further, the petitioner has already been confirmed in the said post since 19.04.2002 with effect from 08.01.1991. As such, it
is a fit case for interference by this Hon''ble Court in exercise of powers under Article 226 of the Constitution of India.
In WP(C) No. 290 of 2016 ""This is an application under Article 226 of Constitution of India praying for issuance of a writ in the
nature of mandamus directing the respondents to regularize the service of the Petitioner as Chowkidar in the office of the Divisional
Forest Officer, Social Forestry Division, Nongstoin from the date of joining and extend all service benefits to the petitioner as
applicable to a regular employee.
The petitioner was initially appointed on temporary basis as Chowkidar in the office of the Conservator of Forest, Social Forestry
Circle, Meghalaya vide appointment letter dated 07.09.1987 in the scale of Rs. 3005-330-6-390-7-425/- plus usual allowances as
admissible under the rules of the State Government issued from time to time with effect from 01.01.1987. Thereafter, the petitioner
vide letter dated 19.12.1990 was released from the aforesaid office with effect from 01.01.1990 forenoon to enable him to join
Social Forestry Division, West Khasi Hills, Nongstoin transferred vide office Order dated 13.12.1990. The petitioner has been
working in the post of Chowkidar on temporary basis since the year 1987.
Ever since the petitioner has been appointed, he has been performing his duties to the best of his abilities and efficiencies without any
complaints from any quarter. Further, the petitioner service record book has been maintained regularly by the Social Forestry
Division, Nongstoin and is also receiving the regular increments in the salary and also made regular General Provident Fund
contributions since October, 1987.
In spite of having been working for more than 29 years, the service of the petitioner till date has not been regularized in the said post.
The petitioner then submitted a representation dated 20.08.2014 and representation dated 14.12.2015 before the respondent No. 4
praying for regularization of the said post. In response to the same, the respondent No. 3 vide letter dated 08.01.2016 then informed
the respondent No. 5 that it is under consideration and the matter may be awaited. It is pertinent to mention that the petitioner has
been working in the aforesaid post for more than 29 years without any complaints from any quarter and is due to retire in the year
2020 and is left remaining with just 4(four) years in service.
More than 8 (eight) months has lapsed, there has been no positive response from the respondents. The petitioner even after
submission of several representations has been only informed that the matter is under consideration. The respondents have not taken
any positive action to regularize the services of the petitioner. It is pertinent to state herein that the inactions of the respondents in
taking any steps to regularize the services of the petitioner will severely affect the post retirement financial benefits of the petitioner.
The respondents acted illegally, arbitrarily and discriminatorily in not regularizing the service of the petitioner inasmuch as the Hon''ble
Supreme Court has in Secy., State of Karnataka & Ors. V. Umadevi (3) & Ors. (2006) 4 SCC 1, has also held that the Union of
India, the State Governments and their instrumentalities should take steps to regularize as a one-time measure, the services of such
irregularly appointed, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of the courts or
of tribunals and should further ensure that regular recruitments are undertaken to fill those vacant sanctioned post that require to be
filled up, in cases where temporary employees or daily wagers are being now employed.
The respondents acted illegally, arbitrarily and discriminatorily in not regularizing the services of the petitioner inasmuch as the
petitioner has been working in the post of Chowkidar for more than 29 years and is due to superannuate in the year 2020. As such, it
is a fit case of interference by this Hon''ble Court in exercise of powers under Article 226 of the Constitution of India.
The learned counsel for the petitioners submits that the petitioners Smti. Dissimora Byrsat and Smti. Sngurviolin Rani are serving in the Office of
the Deputy Conservator of Forests, Social Forestry Division, Nongstoin for more than 34 and 33 years respectively but till date their services has
not been regularized. The learned counsel for the petitioners also submits that their services have already been confirmed with effect from
08.01.1991 vide order dated 19.04.2002 but they are yet to be regularized.
The learned counsel for the petitioners further submits that the petitioner Shri Hollywood Ward Marwein is serving in the Office of the Social
Forestry Division, West Khasi Hills, Nongstoin for more than 27 years and Shri Achyut Kalita is serving in the Office of the Divisional Forest
Officer, Social Forestry Division, Nongstoin for more than 29 years but till date their services has not been confirmed nor regularized. Hence, this
petition before this Court.
On the other hand, the learned State counsel submits that the Divisional Forest Officer, Social Forestry Division, West Khasi Hills District,
Nongstoin has already forwarded a letter dated 16.02.2007, 08.09.2009 and 06.01.2010 to the Secretary, District Selection Committee, West
Khasi Hills, Nongstoin to recommend the names of the petitioners for regularization which has long been pending with the District Selection
Committee.
After hearing the submissions advanced by the learned counsel, I do not find any merit to decide this case as the petitioners'' services Smti.
Dissimora Byrsat and Smti. Sngurviolin Rani has already been confirmed. Therefore, it implies that their services have already been regularized.
Until and unless a person is regularized, his service cannot be confirmed. However, since the Government vide letters dated 16.02.2007,
08.09.2009 and 06.01.2010 has forwarded the names of the petitioners for regularization/recommendation to the District Selection Committee,
West Khasi Hills, Nongstoin, hence, the District Selection Committee, West Khasi Hills, Nongstoin is hereby directed to recommend/regularize the
names of the petitioners and to send to the Personnel Department, Government of Meghalaya to do the needful within a week. Thereafter, the
Personnel Department, Government of Meghalaya and the Secretary Forest Department, Shillong/Respondent No. 1 shall take all necessary steps
to complete the whole exercise within a month from the date of receipt of this judgment and order. It is also ordered that the post retirement
benefits of the petitioners needs to be protected.
Since the facts and circumstances of the WP(C) No. 287 of 2016, WP(C) No. 288 of 2016, WP(C) No. 289 of 2016 and WP(C) No. 290
of 2016 involves the same issue, the writ petitions are allowed to that extent and stands disposed of by this common judgment and order.