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Judgment
The instant writ petition has been filed by the petitioners who are serving as Sub-Inspectors of Schools under the Education Department of the Government of Meghalaya with the grievance that the time bound upgradation as provided under the Meghalaya School Service Rules, 2012, has not been afforded to them inspite of they being eligible and due for the said promotion. As such, they are before this Court seeking a mandamus for upgradation as per the said Rules.
Dr. N. Mozika, learned Sr. counsel assisted by Ms. S.A. Shallam, learned counsel for the petitioner, at the outset has submitted that an averment has been made in the affidavit filed by the State respondents, that active consideration is in progress for considering the upgradation of 20(twenty) posts of Sub-Inspector of Schools to the post of Additional Sub-Divisional School Education Officer and that the same is evidenced by the letter dated 25th June, 2019, which is annexed at Annexure-VI to the affidavit-in-opposition. He further submits that the upgradation if so given, should be from the date when the petitioners became entitled for the same, so as to enable them to enjoy full service benefits.
Mr. B. Bhattacharjee, learned AAG assisted by Ms. Z.E. Nongkynrih, learned GA for the respondent No. 1-3 submits that as per the letter dated 25th June, 2019, it is clearly stated therein that the Department is to take immediate action by issuing upgradation order based on seniority, as sanction has already been accorded to 15(fifteen) posts and that for the upgradation of the remaining 5(five) posts of Sub-Inspector of Schools to that of Additional Sub-Divisional School Education Officer, the same will be made by issuing fresh sanction orders.
On hearing the learned counsels for the parties, I propose to dispose of the instant matter at this stage itself, based on the submissions and the letter dated 25th June, 2019. For easy reference, the letter dated 25th June, 2019 is quoted herein below:
"GOVERNMENT OF MEGHALAYA
EDUCATION DEPARTMENT
*********
No.EDN.39/2012/134
Dated Shillong, the 25th June, 2019
From:
Smti. I. Lyngdoh,
Special Officer to the Government of Meghalaya,
Education Department.
To,
The Director of Schools Education & Literacy, Meghalaya, Shillong.
Subject:
Matter relating to upgradation 20 Nos. of Inspector of Schools posts to Additional Divisional School Education Officers.
Sub Sub
Ref:
No. DSEL/EL/GA/Appt/11/2015/440 dated 17th 2019.
May,
Sir,
With reference to the letter quoted above on the subject, I am directed to reproduce hereunder the views of Law (B) Department for favour of your information and necessary action-
"The proposal for upgrading 20 nos. of Sub Inspector of Schools to the post of Additional Sub Divisional School Education Officer (Addl. SDSEO) can be made as per Rules 8 & 9 of the Meghalaya School Service Rules, 2012. As per records available it is not clear as to whether the appointing authority has followed or not the procedures laid down under the aforesaid rules. If not, the Department has to strictly follow the procedures laid down under Rules 8 & 9 of the aforesaid Rules and if the required procedure have been followed the Department can carry out upgradation process in the following manner:-
For upgradation of 15 nos. of Sub Inspector of Schools to that of Addl. SDSEO the Department can take immediate action by issuing upgradation order based on seniority, as sanction to this effect has already been accorded vide sanction letter dated 01.09.2014.
For upgradation of the remaining 5 posts of Sub Inspector of Schools to that of Addl. SDSEO can be made by issuing fresh sanction order.
However, while issuing the above orders the Department must satisfy itself that there is no injunction or stay order by the High Court of Meghalaya in WP(C) No. 447 of 2018".
This has the order of the Competent Authority.
Yours faithfully,
Sd/-
Special Officer to the Govt. of Meghalaya
Education Department".
On a bare perusal of the letter dated 25th June, 2019, it reflects that the respondents are to follow the procedure as laid down under Rules 8 & 9 of the Meghalaya School Service Rules, 2012, and as per due procedure, immediate action should be taken by issuing upgradation orders for 15(fifteen) posts of Sub-Inspector of Schools to that of Additional Sub-Divisional School Education Officer and for the remaining 5(five) posts, upgradation be done by making a fresh sanction.
In view of the facts and circumstances of the case, the writ petition is closed with the directions that there is no impediment for the respondents to act on the terms of the letter dated 25th June, 2019 for upgradation of the petitioners posts to the posts of Additional Sub-Divisional School Education Officer from the date of entitlement of the said upgradation. The course of action as proposed by the letter dated 25th June, 2019 shall be completed as expeditiously as possible.
With the above directions, the writ petition is accordingly disposed of.