NIWANKI CHALLAM Vs. THE STATE OF MEGHALAYA AND ORS.

JUDGEMENT

(1.) Heard Mr. KC Gautam, learned counsel for the petitioner and Mr. KP Bhattacharjee, learned GA appearing for the State respondents. None appears for the respondent No. 6 inspite of proper service of notice of the present writ petition to him.

(2.) By this writ petition, the petitioner is assailing the order of the Divisional Officer Soil and Water Conservation Shillong (Territorial) Division, Shillong dated 16.05.2014 for discontinuing the officiating service of the petitioner as Mechanic vide O.O. No. 97 dated 23.12.2009 (Annexure -IX to the writ petition). The concise fact of the case leading to the filing of the present writ petition which will be sufficient for deciding the matter in issue is noted. The petitioner is a qualified Mechanic (Motor Vehicle) and holds a Provisional National Trade Certificate issued by the Don Bosco Technical School, Shillong. By an order dated 23.12.2009 issued by the Divisional Officer Soil and Water Conservation Shillong (T) Division, Shillong the petitioner was allowed to officiate temporarily in the vacant post of Mechanic on the scale of pay of Rs. 8300 -10270/ - PM plus other allowances as admissible w.e.f. the date of joining to the post and until further orders (Annexure -IV -A to the writ petition) which reads as follows: - -

(3.) It is the submission of Mr. KC Gautam, learned counsel for the petitioner that the petitioner had been appointed on officiating basis as Mechanic till the post is filled up in a regular manner/officiating appointment is regularized by the concerned recommending authority. Pursuant to the said appointment order i.e. 23.12.2009, the petitioner joined the service on officiating basis. The petitioner continued to serve as Mechanic on officiating basis till by an order dated 16.09.2013, the service of the petitioner as officiating Mechanic had been discontinued w.e.f. 16.09.2013, but on the representation filed by the petitioner, he had been allowed to serve as Mechanic on officiating basis. It is the further case of the petitioner that the Govt. of Meghalaya, Personnel and Administrative Reforms (B) Department, Shillong, issued an Office Memorandum dated 03.07.1982 regarding the composition, functions etc. of the District Selection Committee for the Districts in the State of Meghalaya and the procedure for direct recruitment to various categories of posts which come under the purview of the Committee.