Decided on September 17,2020

Salgira R. Marak Appellant


H.S.THANGKHIEW, J. - (1.) The petitioner who is serving as the Director, Printing & Stationery Department, Government of Meghalaya, is aggrieved by the impugned Letter bearing No. SG.12/97/169 dated 08.08.2019 (Annexure- XVII) issued by the Respondent No. 5, by which the Respondent State, sanctioned the creation of one post of Officer on Special Duty (OSD) personal to the petitioner in the Administrative Department of the Printing & Stationery, and by impugned Notification bearing No. SG.12/97/170 (Annexure- XVIII) also issued by the Respondent No. 5 appointing the petitioner as OSD in the Administrative Department of the Printing & Stationery and the Joint Director as Director in-charge, Printing & Stationery. The petitioner had made a representation to the Respondent no. 3, but however, in the meantime, the Respondents issued another communication dated 02.09.2019 (Annexure- XX) to the petitioner stating therein that non-compliance of the Order dated 8.8.2019 (Annexure- XVIII) would amount to violation of F.R. 59 sub rule (3) of the Meghalaya F.R-S.R, 1984. On receipt of the said communication dated 2.9.2019, the petitioner again made a representation to the respondent authorities to consider his case, but till date as nothing is forthcoming, as such the petitioner is before this Court by means of the instant writ petition.
(2.) I have heard the learned counsels for the parties.
(3.) The learned Senior Counsel U.K. Nair, assisted by Ms. V. Sharma, learned counsel on behalf of the petitioner submits that the main grievance of the petitioner, is that his appointment to the post of OSD (Officer on Special Duty), is outside the cadre as enumerated in the Service Rules holding the field, namely, the Printing and Stationery (Technical) Service Rules, 1995. To bolster this contention, the Learned Senior Counsel, has read out Paragraph 11 of the Affidavit-in-Opposition, to show that the respondents themselves have admitted this position wherein, he submits it has been clearly stated that the new post is outside the Directorate. He submits that in view of the above stated position, even if the pay of the post is debitable to the Head of Accounts of the Directorate, the same would be of no consequence, inasmuch as, the respondents by their own admission have conceded that the post of OSD, is outside the Directorate cadre as per the Rules, and that the post is admittedly created in the Administration Department under a completely different hierarchy. The learned senior counsel further submits that the petitioner in his capacity as a Director, is the Head of Department, but in the new post of OSD, he would be subordinate to three other Officers in the hierarchy which will result in a complete change and degeneration in his status.;

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