JESPARLEY DIENGNGAN Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The grievance of the writ petitioner as put up in the instant application is the non-condonation by the respondents of the deficiency of qualifying service in a Grade IV post to enable him to get the benefit of the revised pay scale w.e.f. 2007. The brief facts as put forth is that the petitioner was initially serving in a Grade-IV post as Chowkidar, and on completion of 5(five) years 9(nine) months service, was promoted to the post of Lower Division Assistant (LDA) and was serving as such for 16(sixteen) years till 2016. However, the benefits of the pay revision as per the Meghalaya Services (Revision of Pay), 2009, was not extended to the petitioner, nor did respondents approve the same for want of qualifying service in the Grade IV post. Hence this instant writ application.

(2.) Mr. M.F. Qureshi, learned counsel for the petitioner submits that the petitioner after rendering satisfactory services in the post of LDA, the respondent No. 4, i.e. the District School Education Officer, West Khasi Hills, Nongstoin, vide letter dtd. 27/9/2016, had requested the respondent No. 5, i.e. the Under Secretary to the Government of Meghalaya, Finance (Pay Revision) Department to accord approval of initial pay statement of the petitioner, but the same was not accepted by the respondent No. 5 on the ground that the petitioner had rendered less than 7(seven) years of service as Group "D" employee, and as such had been promoted to the post of LDA in contravention of the rules/instructions of the Government.

(3.) The learned counsel thereafter submits that thereafter a proposal for condoning the deficiency of service was then submitted before the State Government, but the State Government however, did not consider the proposal on the ground that the same was not as per the Ministerial District Establishment Service Rules, 2017, which provided for 10% or 9:1 ratio of promotion to the post of LDA. It is also submitted that the petitioner has now been promoted to the post of UDA since 17/11/2017, and is posted in the office of the Sub-Divisional School Education Officer, Mairang, but however, is still awaiting pay fixation which till date has not been accorded.