FLAMINGSTAR WAHLANG Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The propriety of a decision by the Transport Department of the State to create several posts in the rank of Assistant Enforcement Inspector by a notification of September 26, 2013 falls for consideration.

(2.) There is a bit of a history to the matter which must first be recounted. There are eight writ petitions in all filed by individuals in the post of Enforcement Checkers in the Meghalaya Subordinate Transport Service. It is the admitted position that there are no rules till date governing such subordinate service, though there is also a higher service which is governed by the Meghalaya Transport Service Rules, 2017.

(3.) It appears from the records that Enforcement Checkers have been engaged since or about 1975 but till 2013, there were no promotional avenues for them, nor had any rules been introduced in lieu of lack of promotion to provide for periodic increments or career progression. There were previous writ petitions filed by some of the persons in the post of Enforcement Checkers. It is also evident from the records that in 1975 when the first Enforcement Checker was appointed, he was not even a matriculate. However, later, all candidates who were recruited were at least matriculates and a few of them were also graduates. It does not appear that higher educational qualifications or any technical expertise may be required to discharge the duties of an Enforcement Checker or even that of Enforcement Inspector, which position, till or about 2013, was the entry-level post in the higher services of the Transport Department.