LAWS(MEGH)-2022-9-26

SENGSENG M. SANGMA Vs. STATE OF MEGHALAYA

Decided On September 19, 2022
Sengseng M. Sangma Appellant
V/S
STATE OF MEGHALAYA Respondents

JUDGEMENT

(1.) The petitioner's case is that pursuant to the donation of land by the Nokma of Bawe Duragre for construction of a Permanent Augmentation Project of Simsanggiri Water Supply Scheme, in the year 1997 an agreement was sought before the construction of the said Project, that employment be provided to the close relatives/son and son-in-law of the headman. The further case of the petitioner is that vide the appointment letter dtd. 26/7/2013, he was appointed as Khalasi in the said Project, and after serving over 8 years he has been appointed as work charge Khalasi in the same Project.

(2.) The main grievance of the petitioner however is with regard the non-regularization of his services on the ground that though donation of the land had been made, and apparently a pension Account was created, the petitioner is yet to be accorded regularization in the post of Khalasi.

(3.) Mr. S. Sen, learned Sr. GA submits that for the claim of appointment against the donation of land by any entity or person, the State respondents have executive instructions in the form of Office Memorandum dtd. 30/8/2017. This Office Memorandum while amending the earlier policy, clearly states that, where private land owners have donated land free of cost for Government purpose, the same is to be handed over through a registered deed, to enable the Government to provide appointment to any persons, as recommended by the land owners in Grade-III or Grade-IV posts. Learned Sr. GA further submits that it has also been provided that on the retirement/demise of the said person, the vacancy will be filled up through normal recruitment.