ROJENSON ROY KHARUMNUID Vs. GOVERNMENT OF MEGHALAYA,
HIGH COURT OF MEGHALAYA
Rojenson Roy Kharumnuid
Government Of Meghalaya,
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(1.) Heard Mr. S.K.Deb Purkayastha, assisted by Mr. S.S. Das, learned counsels appearing for the petitioner, as well as Mr. N.D. Chullai, learned Sr. Govt. Advocate appearing for the respondent. The relief sought for in the present writ petition read as follows:
"1) Issue .
2) issue notice to the Respondents to show cause as to why a Writ of Mandamus and/or a Writ of Certiorari and/or any other appropriate writ or direction should not be issued for grant of promotion to the Petitioner as Assistant Engineer P.W.D. w.e.f. 5/5/2009 as prayed for and on such cause or causes being shown and after hearing the parties make the order absolute.
3) If the grant of promotion immediately is considered as not feasible, Government may be directed to grant the financial upgradation in the next higher scale 1st upgradation after 12 years of regular service and 2nd upgradation after 24 years of service as admissible under Government of Meghalaya OM dated 22-2-2010 (Annexure X) for relieving the hardship faced by him.
4) The Respondents may also be directed to pay arrears of salary w.e.f. the date of promotion/financial upgradation as stated above and/or any other relief or reliefs as Your Lordship may deem fit and proper.
5) Cost of Writ Petition."
(2.) It is now an admitted fact of both the parties that the petitioner in the present writ petition had retired from service on superannuation on 30-4- 2013. Therefore, the petitioner is not pressing the prayer in the present writ petition for directions to the respondent to promote the petitioner as Assistant Engineer, PWD, w.e.f 5-5-2009. However, it is the case of the petitioner that the petitioner is entitled to receive the second financial upgradation as admissible under the Govt. of Meghalaya, Office Memorandum No. F(PR)-76/2009/54, dated 22/2/2010. The said Office Memorandum No. F(PR)-76/2009/54, dated 22/2/2010 is available at Annexure 10 to the writ petition which reads as follows:
(3.) It is nobody's dispute that the petitioner was promoted to the post of Sub-Engineer Grade I (Civil) alongwith the others under the Office Order No.PW/CE/ESTT/17/83/Pt II/2-A, dated 15-6-1988. In that office order, the name of the petitioner appeared at Sl. No.26.;
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