DANNY G. MOMIN Vs. STATE OF MEGHALAYA AND ORS.

JUDGEMENT

(1.) Initially in the present writ petition, the petitioner prayed for directions to the respondents to regularize his service and also for providing all service benefits like seniority, higher grade pay scale; from the date of his initial appointment as Arts and Crafts teacher on temporary basis on 10.06.1988, the petitioner is, now, praying only for a direction to the respondents to consider his temporary service as Arts and Crafts teacher from the date of his initial appointment on 10.06.1988 till his regular appointment as Art Adviser on the recommendation of the Meghalaya Public Service Commission on 15.07.1995 as "qualifying service" for pensionary benefits. Heard Mr. AH Hazarika, learned counsel for the petitioner and Mr. KP Bhattacharjee, learned GA appearing for the respondents.

(2.) The concise fact leading to the filing of the present writ petition is briefly noted.

(3.) The petitioner's technical qualification is Bachelor of Fine Arts. Initially, the petitioner was appointed as Arts and Crafts teacher in the scale of Rs. 475-935/- PM plus usual allowance as admissible under the rules w.e.f. the date of his joining the post under the order of the Joint Director of Public Instruction (E&W), Garo Hills, Tura dated 10.06.1988 on temporary basis pending regular appointment through the Meghalaya Public Service Commission (for short 'MPSC'); and pursuant to that initial appointment order, the petitioner joined his service as Arts and Crafts teacher and had continued to serve without any break. When the petitioner was continuing as Arts and Crafts teacher in Tura Public School, Tura on temporary basis, the petitioner in response to an advertisement by the MPSC for appointment to the post of Art Adviser in the office of the Directorate of Information & Public Relations Department, Shillong applied to the said post i.e. Art Adviser. The MPSC under its letter dated 15.02.1995, recommended the petitioner for appointment to the post of Art Adviser. On the recommendation of the MPSC, the Director of Information & Public Relations, Shillong issued the order dated 15.07.1995 for appointing the petitioner as Art Adviser in the pay scale of Rs. 1450-2515/- PM plus other allowances as admissible under the rules w.e.f. from the date of his joining the post.